COHRE Sources 3 - Forced Evictions A Manual For Action and Human Rights May by The Centre on Housing Rights and Evictions (COHRE)

S E C

m a n u a l

f o r

a c t i o n

AND HUMAN RIGHTS

tel/fax: + 41.22.734.1028 e-mail: sleckie@ibm.net www.cohre.org

COHRE

83 Rue Montbrillant 1202 Geneva Switzerland

CO H R E May 1 9 9 9

Centre on Housing Rights and Evictions

This publication Forced Evictions and Human Rights: A Manual for Action (Sources No. 3) contains all major international legal and other pronoucements on forced evictions.

Forced Evictions and Human Rights - a manual for action

COHRE actively campaigns against forced evictions wherever they occur or are planned, and views forced evictions--as does the United Nations and international law generally--as a gross violation of a range of human rights, in particular the right to adequate housing.

FORCED EVICTIONS

Sources 3

The Centre on Housing Rights and Evictions (COHRE) undertakes a wide variety of activities supporting the full realization of housing rights for everyone, everywhere.

May 1999

FORCED EVICTIONS a

m a n u a l

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Sources 3

COHRE May 1999

COHRE International Secretariat 83 Rue de Montbrillant 1202 Geneva Switzerland tel/fax: +41.22.734.1028 e-mail: sleckie@ibm.net

COHRE Africa c/o SERAC PO Box 13616 Ilupeju-Lagos, Nigeria tel: +234.1.496.8605 fax: +234.1.496.8606 e-mail: serac@linkserve.com.ng

COHRE Americas 1760 Euclid St, NW, #406 Washington DC 20009 USA tel: +1.202.783.1123 fax: +1.202.483.6730 e-mail: manos@igc.org

COHRE Women and Housing Rights Programme 83 Rue de Montbrillant 1202 Geneva Switzerland tel/fax: +41.22.734.1028 e-mail: farwise@ibm.net

This document was prepared by Scott Leckie, Executive Director of COHRE. Chapter 9 was written by Leilani Farha. Graphic design: Ontwerpburo Suggestie & illusie, Utrecht, The Netherlands Print: Primavera in Amsterdam, The Netherlands Cover photos by Sijmen Hendriks: La Cienaga, Santo Domingo, Dominican Republic, 1994. This popular barrio, home to 60.000 people, was saved from eviction through local efforts combined with international action based on some of the standards contained in this document.

CONTENTS 1.

Introduction

General Comment No. 7 on Forced Evictions (1997)

Additional Pronouncements by the UN Committee on Economic, Social and Cultural Rights on Forced Evictions

3.1 General Comments 3.2 Concluding Observations 3.3 Reporting Guidelines for States Parties to the Covenant on Economic, Social and Cultural Rights

14 16 34

International Legal and Other Provisions on Forced Evictions

4.1 Humanitarian Law Standards and Forced Evictions 4.2 World Conferences and Forced Evictions 4.3 Other Official Provisions and Pronouncements

36 37 39

UN Commission on Human Rights Resolution on Forced Evictions 1993/77

5.1 5.2 5.3 5.4 5.5 5.6

51 53 55 59 60 63

English Spanish French Arabic Russian Chinese

UN Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolutions on Forced Evictions and Related Themes (1991- 1998)

6.1 6.2 6.3 6.4 6.5 6.6 6.7

65 67 68 70 73 75 77

Resolution 1998/9 Resolution 1998/26 Resolution 1997/6 Resolution 1996/27 Resolution 1995/29 Resolution 1994/39 Resolution 1991/12

UN Comprehensive Human Rights Guidelines on Development-Based Displacement (1997)

National Legal Protection Against Forced Evictions

8.1 8.2 8.3 8.4 8.5 8.6

86 88 93 93 94 96

South Africa Philippines India France United Kingdom Russian Federation

Violence Against Women and Forced Evictions

10. Guidelines for NGO & CBO Eviction Documentation

101

11. Publications Available from COHRE

107

INTRODUCTION

This Manual for Action contains a wide cross-section of international legal standards and other resources addressing the practice of forced evictions. It has been designed to increase popular awareness concerning the human rights implications of forced evictions, and to provide easy-to-use information, tools and materials which can be used by grassroots groups, NGOs, lawyers and the people themselves in attempts to prevent planned evictions or to obtain restitution or compensation after a forced eviction has been carried out. While there can be no guarantee that the use of the texts in this publication will invariably halt forced evictions from taking place, during the past several years many United Nations human rights bodies have developed consistent standards unequivocally stating that forced evictions constitute grave violations of human rights, especially the right to adequate housing. Bodies such as the UN Committee on Economic, Social and Cultural Rights have increasingly developed the practice of declaring certain countries to have violated the rights of their citizens because of forced evictions, and in some cases planned evictions have been stopped. COHRE has consistently found that the use and application of these and similar documents and decisions by Eviction aftermath ( Lima, Peru) the United Nations and other influential institutions can, in some instances, generate the leverage needed to discourage governments and other evictors from partaking in the violation of their citizens rights through the carrying out of forced evictions. This second edition of Sources No. 3 both substantially updates and expands the contents of the first edition of this publication, which was first issued in June 1993 to coincide with the United Nations World Conference on Human Rights held that year in Vienna, Austria. This edition of Sources No. 3 contains eleven chapters each of which addresses a specific standard, area of law or national practice. An attempt has been made to present the information in a user-friendly manner and to be as helpful as possible to the widest number of people. This document was produced several months after the publication of COHREâ&#x20AC;&#x2122;s Global Survey No. 7 on Forced Evictions: Violations of Human Rights, which was released in late 1998. Global Survey No. 7 reveals all too clearly the continuing scale and extent of forced evictions throughout the world and why people everywhere need to remain vigilant against this almost invariably violent act and force States to take human rights standards prohibiting this practice more seriously. We hope this revised version of Sources No. 3 will be useful in your struggles against forced evictions and in other initiatives in support of housing rights. If you have any suggestions about how to make COHRE publications such as this one more useful in your activities, please let us know how you would like to see these efforts unfold in the future.

FORCED EVICTIONS AND HUMAN RIGHTS

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Should any planned evictions actually be halted through reliance--whether directly or indirectly--on any of the documents below, please let us know which documents proved most useful and the strategies used to apply them. We are also happy to be able to draw your attention to our new web-site which can be accessed at www.cohre.org and where you will find extensive information about COHRE and its activities and programmes. Finally, COHRE would like to express our deep appreciation to the Social Development Division of the Department for International Development (DFID) of the United Kingdom for their generous support towards the production of this publication. Scott Leckie Executive Director Geneva, 1 May 1999

FORCED EVICTIONS AND HUMAN RIGHTS

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GENERAL COMMENT NO. 7 ON FORCED EVICTIONS

After more than two years of negotiations, the United Nations Committee on Economic, Social and Cultural Rights adopted the most comprehensive decision yet under international law on forced evictions and human rights on 16 May 1997. General Comment No. 7 on Forced Evictions significantly expands the protection afforded dwellers against eviction.1 Committee Chairperson at the time of adoption and COHRE Advisory Board member, Prof. Philip Alston informed COHRE that the new measures are a “major statement by the Committee in response to one of the most significant problems we have to confront. We hope this is the start of a fundamental rethinking by governments of their frequent and ill-advised resort to forced evictions to deal with broader social problems”. General Comment No. 7 goes considerably further than most previous pronouncements in detailing what governments, landlords and institutions such as the World Bank must do to preclude forced evictions and, by inference, to prevent violations of human rights.2 It represents a milestone in people-driven global efforts against forced eviction, and can act as a foundation upon which civil society can demand protection against a practice which results in the dehousing of millions of persons every year. The general comment is the first such document issued by this Committee to deal with a specific violation of the Covenant. This general comment is, as the name implies, the seventh such comment adopted by the Committee on Economic, Social and Cultural Rights. General comments are not laws, but rather interpretations of particular laws; in this case the housing rights provisions of article 11(1) of the International Covenant on Economic, Social and Cultural Rights. General Comments are deemed by the Committee to be consistent with prior jurisprudence and the general principles of international human rights law.3 These texts are designed to assist Governments in fulfilling their legal obligations and in clarifying the contents of certain rights. The Comment begins by reiterating the now widely accepted position of the international community and the Committee regarding forced evictions, linking this practice to major human rights violations. The term ‘forced evictions’ was preferred by the Committee to other terms such as ‘relocation’ or ‘unfair evictions’, because this term most aptly conveys both a sense of arbitrariness and of illegality and due to its widespread usage throughout international law. The new rules demand that “the State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions”. The Comment also requires countries to “ensure that legislative and other measures are adequate to prevent and, if appropriate, punish forced evictions carried out, without appropriate safeguards by private persons or bodies”. In addition to govern-

1 The Committee declared in 1991 that “forced evictions are prima facie incompatible with the provisions of the Covenant [CESCR], and can only be carried out under exceptional circumstances” in its General Comment No. 4 on the right to adequate housing. Much of the work carried out since 1991 on evictions has been based on this clause. 2 For a comprehensive analysis of developments under international law until mid-1995, see: Scott Leckie (1995) When Push Comes to Shove: Forced Evictions and Human Rights, Habitat International Coalition, Mexico. See also: Patrick M. McFadden (1996) “The Right to Stay” in Vanderbilt Journal of Transnational Law, vol. 29, no. 1, 1. 3 “General comments [are] an important mechanism for developing the jurisprudence of a Committee in a way that is not possible in individual comments on State reports. ... It is also a means by which members of the Committee may come to an agreement by consensus as to an interpretation of a specific provision... Although the Committee’s interpretations of the Covenant are not binding per se, it is undoubtedly true that they have considerable legal weight” (M. Craven (1995) The International Covenant on Economic, Social and Cultural Rights: A Perspective on its Development, Clarendon Press, Oxford, pp. 90-91).

FORCED EVICTIONS AND HUMAN RIGHTS

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ments, therefore, private landlords, developers and international institutions such as the World Bank and any other third parties are subject to the relevant legal obligations and can anticipate the enforcement of law against them if they “carry out forced evictions”. Significantly, the rules require governments to ensure that protective laws are in place domestically and that they punish persons responsible for forced evictions carried out without proper safeguards. The role of an appropriate domestic legal framework as a means of securing protection for people against forced evictions is a pervasive theme throughout General Comment No. 7, which notes that “legislation is an essential basis upon which to build a system of effective protection”. Governments which wish to act in good faith with their housing rights obligations and comply with the sentiments expressed in the Comment, therefore, should consider adopting laws expressly prohibiting forced evictions and developing proper legal procedures which can be drawn upon by evictees to secure the prosecution and punishment of “persons or bodies” who may have carried out illegal evictions. While extending protection to all persons, the Comment gives particular mention to groups which suffer disproportionately from forced evictions, including women, children, youth, older persons, indigenous people and ethnic and other minorities. With respect to the rights of women, the text asserts that “women in all groups are especially vulnerable given the extent of statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless”. In one of the more precedent-setting provisions of General Comment No. 7, the rules break new ground by declaring that evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. While activists may take such perspectives for granted, the General Comment makes it incumbent on governments to guarantee that people who are evicted - whether illegally or in accordance with the law - are to be ensured of some form of alternative housing. This would be consistent with other provisions in the Comment that “all individuals have a right to adequate compensation for any property, both personal and real, which is affected”. The rules add that “legal remedies or should be provided to those who are affected by eviction orders”. If Governments follow the provisions of the Comment, therefore, no one should ever be forced into the realms of homelessness or be subjected to violations of the their human rights because of facing eviction, notwithstanding the rationale behind it. The Comment obliges States to explore “all feasible alternatives” prior to carrying out any forced evictions, with a view to avoiding or at least minimizing the use of force or precluding the eviction all together. It provides further assurances for people evicted to receive adequate compensation for any real or personal property affected by an eviction. When forced evictions are carried out as a last resort and in full accordance with the Comment, affected persons must, in addition to being assured that homelessness will not occur, also be afforded the following eight prerequisites prior to any eviction taking place; each of which might have a deterrent effect and result in a planned evictions being prevented: a - an opportunity for genuine consultation with those affected; b - adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; c - 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;

FORCED EVICTIONS AND HUMAN RIGHTS

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d - especially where groups of people are involved, government officials or their representatives must be present during an eviction; e - all persons carrying out the eviction must be properly identified; f - evictions are not to take place in particularly bad weather or at night unless the affected persons consent otherwise; g - provision of legal remedies; and h - provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts. While direct comparisons between General Comment No. 7 and the Habitat Agenda are only of limited relevance, the former text makes up for both the structural and conceptual drawbacks associated with the latter. Perhaps the largest distinction hinges on the fact that while the Habitat Agenda is only declaratory in intent, Comment No. 7 constitutes a clear, transparent and precise interpretation of the International Covenant on Economic, Social and Cultural Rights by the only authoritative body entrusted with making such pronouncements. The Covenant, which is a legally-binding text and a cornerstone of the International Bill of Rights, is widely recognized as containing the most significant provision of the human right to adequate housing under international law.4 The States which have ratified the Covenant, therefore, have vested power and authority in the Committee to secure the widest possible application of the Covenant and clearly elucidate the principles expressed in it. For General Comment No. 7 to achieve its aims, all sectors of civil society will need to rely on its provisions, demand the rights it contains and hold governments and the UN fully accountable for respecting and protecting the housing rights of every person across the planet. Unless a mutually supportive effort emerges, combining the skills and interests of all concerned, the many positive advances made by General Comment No. 7 will be forgotten. It will be the responsibility of the international housing movement to ensure that this does not occur.

4 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (1966), adopted by United Nations General Assembly (UNGA) resolution 2200A(XXI), 16 December 1966, entered into force on 3 January 1976, 138 States Parties as of June 1999.

FORCED EVICTIONS AND HUMAN RIGHTS

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GENERAL COMMENT NO. 7 (1997)

(adopted 16 May 1997)

The right to adequate housing (Art. 11 (1) of the Covenant): forced evictions (UN doc. E/C.12/1997/4) 1. In its General Comment No.4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. It concluded that forced evictions are prima facie incompatible with the requirements of the Covenant. Having considered a significant number of reports of forced evictions in recent years, including instances in which it has determined that the obligations of States Parties were being violated, the Committee is now in a position to seek to provide further clarification as to the implications of such practices in terms of the obligations contained in the Covenant. 2. The international community has long recognised that the issue of forced evictions is a serious one. In 1976 the Vancouver Declaration on Human Settlements noted that “major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made”.1 In the 1988 Global Strategy for Shelter to the Year 2000, the General Assembly recognized the “fundamental obligation (of Governments) to protect and improve houses and neighbourhoods, rather than damage or destroy them”.2 Agenda 21 stated that “people should be protected by law against unfair eviction from their homes or land”.3 In the Habitat Agenda Governments committed themselves to “protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided”.4 The Commission on Human Rights has also indicated that “forced evictions are a gross violation of human rights”.5 However, although these statements are important, they leave open one of the most critical issues, namely that of determining the circumstances under which forced evictions are permissible and of spelling out the types of protection required to ensure respect for the relevant provisions of the Covenant. 3. The use of the term “forced evictions” is, in some respects, problematic. This expression seeks to convey a sense of arbitrariness and of illegality. To many observers, however, the reference to “forced evictions” is a tautology, while others have criticized the expression “illegal evictions” on the ground that it assumes that the relevant law provides adequate protection to the right to housing and conforms with the Covenant, which is by no means always the case. Similarly, it has been suggested that the term “unfair evictions” is even more subjective by virtue of its failure to refer to any legal framework at all. The international community, especially in the context of the Commission on Human Rights, has opted to refer to “forced evictions” primarily since all suggested alternatives also suffer from many such defects. 4. The term “forced evictions” as used throughout this General Comment is defined as the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection. The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Human Rights Covenants. 5. The practice of forced evictions is widespread and affects persons in both developed and developing countries. Owing to the interrelation and interdependency which exist among all human rights, forced evictions frequently violate other human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of 1 2 3 4 5

Vancouver Declaration on Human Settlements, (1976) Sec. III (8). General Assembly resolution 43/181, Annex, Point 13. Agenda 21, Chapter 7.9 (b). Habitat Agenda, para. 40 (n). Commission on Human Rights resolution 1993/77, para.1.

FORCED EVICTIONS AND HUMAN RIGHTS

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forced evictions may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non-interference with privacy, family and home and the right to the peaceful enjoyment of possessions. 6. Although the practice of forced evictions might appear to arise primarily in heavily populated urban areas, it also takes place in relation to forced population transfers, internal displacement, forced relocations in the context of armed conflict, mass exoduses and refugee movements. In all of these contexts, the right to adequate housing and not to be subject to forced evictions may be violated through a wide range of acts or omissions attributable to States Parties. Even in situations where it may be necessary to impose limitations on such a right, full compliance with Article 4 of the Covenant is required so that any limitations imposed must be “determined by law only in so far as this may be compatible with the nature of these rights [i.e. economic, social and cultural] and solely for the purpose of promoting the general welfare in a democratic society.” 7. Many instances of forced evictions are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence. 8. Other instances of forced evictions occur in the name of development. They might be carried out in connection with conflict over land rights, development and infrastructure projects, such as the construction of dams or other large-scale energy projects, with land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes, unbridled speculation in land, or the holding of major sporting events like the Olympic Games. 9. In essence, the obligations of States Parties to the Covenant in relation to forced evictions are based on Article 11(1), read in conjunction with other relevant provisions. In particular, Article 2(1) obliges States to use “all appropriate means” to promote the right to adequate housing. However, in view of the nature of the practice of forced evictions, the reference to Article 2(1) to progressive achievement based on the availability of resources will rarely be relevant. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions (as defined in para. 3 above). Moreover, this approach is reinforced by Article 17(1) of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognises, inter alia, the right to be protected against “arbitrary or unlawful interference” with one’s home. It is to be noted that the State’s obligation to ensure respect for that right is not qualified by considerations relating to its available resources. 10. Article 2(1) of the Covenant requires States Parties to use “all appropriate means”, including the adoption of legislative measures, to promote all the rights protected under the Covenant. Although the Committee has indicated in its General Comment No.3 (1991) that such measures may not be indispensable in relation to all rights, it is clear that legislation against forced evictions is an essential basis upon which to build a system of effective protection. Such legislation should include measures which (a) provide the greatest possible security of tenure to occupiers of houses and land, (b) conform to the Covenant and (c) are designed to control strictly the circumstances under which evictions may be carried out. The legislation must also apply in relation to all agents acting under the authority of the State or who are accountable to it. Moreover, in view of the increasing trend in some States towards their government greatly reducing their responsibilities in the housing sector, States Parties must ensure that legislative and other measures are adequate to prevent and, if appropriate, punish forced evictions carried out, without appropriate safeguards, by private persons or bodies. States parties should therefore review relevant legislation and policies to ensure that these are compatible with the obligations arising from the right to adequate housing and to repeal or amend any legislation or policies that are inconsistent with the requirements of the Covenant.

FORCED EVICTIONS AND HUMAN RIGHTS

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11. Women, children, youth, older persons, indigenous peoples, ethnic and other minorities, and other vulnerable individuals and groups all suffer disproportionately from the practice of forced evictions. Women in all groups are especially vulnerable given the extent to statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The non-discrimination provisions of Articles 2(2) and 3 of the Covenant impose an additional obligation upon governments to ensure that, where evictions do occur, appropriate measures are taken to ensure that no forms of discrimination are involved. 12. Where some evictions may be justifiable, such as in the case of the persistent non-payment of rent or of damage to rented property without any reasonable cause, it is incumbent upon the relevant authorities to ensure that those evictions are carried out in a manner warranted by a law which is compatible with the Covenant and that all the legal recourses and remedies are available to those affected. 13. Forced evictions and house demolitions as a punitive measure are also inconsistent with the norms of the Covenant. Likewise, the Committee takes note of the obligations enshrined within the 1949 Geneva Conventions and 1977 Protocols which relate to prohibitions on the displacement of the civilian population and the destruction of private property as these relate to the practice of forced evictions. 14. States parties shall ensure, prior to carrying out any 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. Legal remedies or procedures should be provided to those who are affected by eviction orders. States Parties shall also see to it that all individuals concerned have a right to adequate compensation for any property, both personal and real, which is affected. In this respect, it is pertinent to recall article 2(3) of the International Covenant on Civil and Political Rights which requires States Parties to ensure “an effective remedy” for persons whose rights have been violated and the obligation upon the “competent authorities (to) enforce such remedies when granted”. 15. In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall General Comment 16 by the Human Rights Committee, relating to Article 17 of the International Covenant on Civil and Political Rights, which states that interference with a person’s home can only take place “in cases envisaged by the law”. The Committee observed that the law “should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances”. The Committee also indicated that “relevant legislation must specify in details the precise circumstances in which such interferences may be permitted”. 16. Appropriate procedural protection and due process are essential aspects of all human rights but it is especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognised in both International Human Rights Covenants. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) 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; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.

FORCED EVICTIONS AND HUMAN RIGHTS

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17. 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 State party 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. 18. The Committee is aware that various development projects financed by international agencies within the territories of State Parties have resulted in forced evictions. In this regard, the Committee recalls its General Comment No.2 (1990) which states, inter alia, that “international agencies should scrupulously avoid involvement in projects which, for example ... promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large-scale evictions or displacement of person without the provision of all appropriate protection and compensation. Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenant are duly taken into account”.6 19. Some institutions, such as the World Bank and the Organisation for Economic Co-operation and Development (OECD) have adopted guidelines on relocation and/or resettlement with a view to limiting the scale and human suffering associated with the practice of forced eviction. Such practices often accompany large-scale development projects, such as dam-building and other major energy projects. Full respect for such guidelines, in so far as they reflect the obligations contained in the Covenant, on the part of both the agencies themselves and by States Parties to the Covenant is essential. The Committee recalls in this respect that statement in the Vienna Declaration and Programme of Action to the effect that: “while development facilitates the enjoyment of al human rights, the lack of development may not be invoked to justify the abridgement of internationally recognised human rights” (para. 10). 20. In accordance with the guidelines adopted by the Committee for reporting, State Parties are requested to provide various types of information pertaining directly to the practice of forced evictions. This includes information relating to (a) the “number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction”; (b) “legislation concerning the rights of tenants to security of tenure, to protection from eviction” and (c) “legislation prohibiting any form of eviction”.7 21. Information is also sought as to “measures taken during, inter alia, urban renewal programmes, redevelopment projects, site upgrading, preparation for international events (Olympics and other sporting competitions, exhibitions, conferences, etc.) ‘beautiful city’ campaigns, etc. which guarantee protection from eviction or guarantee rehousing based on mutual consent, by any persons living on or near to affected sites”.8 Despite these provision, few States Parties have included the requisite information in their reports to the Committee. The Committee, therefore, wishes to emphasise in this regard the importance it attaches to the receipt of such information. 22. Some States Parties have indicated that information of this nature is not available. The Committee recalls that effective monitoring of the right to adequate housing, either by the Government concerned or by the Committee, is not possible in the absence of the collection of appropriate data and would request all States Parties to ensure that the necessary data is collected and is reflected in the reports submitted by them under the Covenant.

6 UN doc. E/1990/23, paras. 6 and 8. 7 E/C.12/1990/8, Annex IV. 8 Id.

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ADDITIONAL PRONOUNCEMENTS BY THE UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

The UN Committee on Economic, Social and Cultural Rights continues to take the lead in actively confronting the practice of forced evictions and the records of States concerning housing rights. While General Comment No. 7 is clearly the most detailed standard on forced evictions, a range of additional pronouncements by this Committee concerning forced evictions and violations of housing rights are included in this section. If your country is one of the 138 countries (a ‘State party’) which has ratified the Covenant on Economic, Social and Cultural Rights, the following views of the Committee are of direct relevance in your country. These provisions can be used as a means of testing the compatibility of your government’s actions and policies with international legal standards.

3.1

General Comments

The Committee on Economic, Social and Cultural Rights, and indeed as most international treaty monitoring bodies do, issues regular ‘general comments’ in order to assist States parties to achieve the full realization of the rights established under the Covenant. General comments are considered to be authoritative interpretations of the legal meaning and implications associated with particular provisions of the Covenant. The Committee has adopted 12 general comments since it was established in 1986. In addition to General Comment No. 7 which is clearly of most direct relevance to this Manual, both General Comment No. 2 (1990) and General Comment No. 4 (1991) explicitly address the position of the Covenant on forced evictions.

(a) General Comment No. 2 on International Technical Assistance Measures (art. 22 of the Covenant), Fourth session, 1990, (UN doc. E/1990/23) While General Comments No. 7 and No. 4 address, among other issues, the duties of governments not to forcibly evict their citizens, the Committee’s General Comment No. 2 on International Technical Assistance Measures, adopted on 2 February 1990 at its fourth session, addresses the obligations of the World Bank and IMF concerning the financing of projects involving evictions. In particular, paragraph 6 of General Comment No. 2 draws the attention of the international financial institutions, in particular the World Bank and IMF to the view of the Committee that: International agencies should scrupulously avoid involvement in projects which, for example...promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation... Every effort should be made, at each phase of a development, to ensure that the rights contained in the Covenant are taken duly into account.

(b) General Comment No. 4 on The right to adequate housing (art. 11(1) of the Covenant), Sixth session, 1991, (UN doc. E/1992/23) Less than two years after adopting General Comment No. 2, on 12 December 1991 the Committee adopted what still remains the only general comment addressing a particular right under the Covenant. General Comment No. 4 on the Right to Adequate Housing was approved by the Committee by consensus, and is the single most authorita-

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tive international legal interpretation of what the right to housing actually means in terms of international law. The Comment provides a broad-reaching definition of the right to housing and contains numerous clauses and principles which are, in one way or another, relevant for all countries. Movements, campaigns and organizations working for housing rights and against forced evictions can therefore, compare the situation in their country with the principles found in the General Comment, with a view to determining whether or not their government is acting in full compliance with the rights found in the Covenant. Several of the key passages regarding forced evictions are outlined in full below. Special note should be taken of paragraph 18 at the end of the text. 8. Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute “adequate housing” for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following: a - Legal Security of Tenure: Tenure takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. 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. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups (emphasis added); ..... 9. As noted above, the right to adequate housing cannot be viewed in isolation from other human rights contained in the two international instruments. Reference has already been made in this regard to the concept of human dignity and the principle of non-discrimination. In addition, the full enjoyment of other rights such as the right to freedom of expression, the right to freedom of association (such as for tenants and other community-based groups), the right to freedom to choose one’s residence and the right to participate in public decisionmaking is indispensable if the right to adequate housing is to be realized and maintained by all groups in society. Similarly, the right not be subjected to arbitrary interference with one’s privacy, family, home or correspondence constitutes a very important dimension in defining the right to housing. ..... 11. States parties must give due priority to those social groups living in unfavourable conditions by giving them particular consideration. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others. The Committee is aware that external factors can affect the right to a continuous improvement in living conditions, and that in many States parties overall living conditions declined during the 1980s. However, as noted by the Committee in its General Comment No. 2, despite externally caused problems, the obligations found in the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction. It would thus appear to the Committee that a general decline in living and housing conditions, directly attributable to policy and legislative decisions by States parties, and in the absence of accompanying compensatory measures, would be inconsistent with the obligations found in the Covenant. .....

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17. The Committee views many component elements of the right to adequate housing as being at least consistent with the provision of domestic legal remedies. Depending on the legal system, such areas might include, but are not limited to: a - legal appeals aimed at preventing planned evictions or demolitions through the issuance of courtordered injunctions; b - legal procedures seeking compensation following an illegal eviction; c - complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other forms of discrimination; d - allegations of any form of discrimination in the allocation and availability of access to housing; and e - complaints against landlords concerning unhealthy or inadequate housing conditions. In some legal systems, it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness. (emphasis added) 18. In this regard, the Committee considers that instances of forced evictions are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law. (emphasis added)

3.2

Concluding Obser vations

Of all United Nations human rights bodies, the Committee has grown into the premier international mechanism in the struggle against forced evictions. This can be perhaps shown most clearly by the following excerpts from all concluding observations adopted by the Committee since 1990 on countries known to tolerate or promote forced evictions. Concluding observations are the decisions the Committee issues following an extensive analysis of the human rights situation in a given country and are the most important statements of this body on particular countries and how they are or are not complying with the obligations established under the Covenant. Although such concluding observations are formulated with respect to an individual State, they are also relevant to other States as well in that this form of jurisprudence represents the authoritative views of the sole international body officially entrusted by States to monitor the norms of the Covenant. While such pronouncements may seem inconsequential, once the Committee begins explicitly addressing housing rights issues within countries, a broad series of domestic political and legal processes are brought into motion, leading in some instances to favourable changes in national laws and policies, reconsideration of the practice of forced evictions and awareness throughout countries that the international community is concerned about and closely monitoring the human rights situation.

Dominican Republic (1990) 249. ....The information that had reached members of the Committee concerning the massive expulsions of nearly 15,000 families in the course of the last five years, the deplorable conditions in which the families had had to live, and the conditions in which the expulsions had taken place were deemed sufficiently serious for it to be considered that the guarantees in article 11 of the Covenant had not been respected.

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Panama (1991) 135. Several detailed questions had been asked concerning both housing rights and evictions to which the responses provided by the delegation of Panama were viewed by the Committee as unsatisfactory for the following reasons: a - First, the Government’s claim that 3,000 persons had been affected by the bombing of El Chorillo differed substantially from all other sources available on this issue, which placed the figure between 12,500 and 20,000 persons. The absence of reliable census figures as to the population of El Chorillo prior to the bombing of the community could be a reason for the disparity of estimates. The Committee viewed with alarm the disparity in persons in view of the obligations incumbent upon the Government under the Covenant; b - Secondly, the responses given to questions concerning the current living conditions of residents of El Chorillo made homeless by the bombing differed substantially from other information available to the Committee. The residents that had received information which pointed to many complaints by the residents that had received alternative accommodation and which concerned the long distance which now had to be traveled to and from places of employment on relatively expensive public transportation and the overall poor quality of the housing in the resettlement sites. Moreover, two years after the invasion, a large number of persons had yet to be rehoused; c - Thirdly, the justification for the action carried out by the Panamanian and United States forces Tocumen, San Miguelito and Panama Viejo in early 1990, which affected over 5,000 persons, was unacceptable under the terms of the Covenant as a ground for forcibly removing people from their homes. During the actions concerned, a large number of houses were demolished, in spite of the affected persons having lived in the area for more than two years. Additionally, these evictions had not been accompanied by legal eviction orders. The Committee was of the view that evictions carried out in this way not only infringed upon the right to adequate housing but also on the inhabitants’ rights to privacy and security of the home.

Italy (1992) 191. In the consideration of the report the Committee devoted particular attention to the right to housing. Although the steady increase in the number of home-owners (currently 62%) was a source of satisfaction, the situation of tenants in the most disadvantaged social categories did not seem to be improving. 192. The Committee wished to draw the attention of the State party to a number of specific concerns resulting from the dialogue with its representatives. These concerns included the fact that: a - The adoption of Act L359/92 in August 1992 seems likely to aggravate the situation of the most economically disadvantaged tenants. The Act partly goes back on Act L392/78 of 1978, which introduced the concept of a “fair rent” (equo canone); b - It has led to a certain paralysis in the rental market since about 5 million apartments are currently reported to be unoccupied. The scope of exceptions to the fair-rent rule has widened and freedom to set rents is contributing to rental increases; c - Given the shortage of low-income housing, which accounts for about 5 per cent of the total housing stock, and since no housing allowance system has been established or is envisaged, the situation of tenants is disturbing. The 10-year low-income housing construction plan, which was partly executed in 1988, has not been amended and remains insufficient; FORCED EVICTIONS AND HUMAN RIGHTS

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d - A further continuing source of concern is the precarious nature of leases, aggravated by the provisions of the Act of August 1992, given the fact that 74 per cent of evictions are based on termination of the lease and, since 1983, one out of three has been evicted. (para. 192) 193. The Committee reiterated the importance the Covenant attaches to the right to housing, and recommends that the Italian government should take all appropriate measures to improve the situation of tenants and to ensure that medium-term solutions are found in order to deal more satisfactorily with housing for the most disadvantaged social categories. It hopes to receive all relevant information on the occasion of Italyâ&#x20AC;&#x2122;s submission of its third periodic report.

Canada (1993) 106. The Committee is concerned that the right to security of tenure is not enjoyed by all tenants in Canada. 108. The Committee notes the omission from the Governmentâ&#x20AC;&#x2122;s written report and oral presentation of any mention of the problems of homelessness. The Committee regrets that there are no figures available from the Government on the extent of homelessness, on the numbers of persons evicted annually throughout the country, on the lengths of waiting lists or on the percentage of houses accessible to people with disabilities. 112. The Committee is concerned to learn that, in a few cases, courts have ruled that the right to security of the person in the [Canadian] Charter [of Rights and Freedoms] does not protect Canadians from social and economic deprivation, or from infringements of their rights to adequate food, clothing and housing. 113. The Committee is concerned that provincial human rights legislation has not always been applied in a manner which would provide improved remedies against violations of social and economic rights, particularly concerning the rights of families with children, and the right to an adequate standard of living, including food and housing. 116. The Committee recommends the extension of security of tenure to all tenants and draws the attention of the State party to its General Comment Number 4 on the Right to Adequate Housing (article 11, para. 1 of the Covenant), in particular paragraph 8.

Kenya (1993) 82. With regard to the right to adequate housing, the Committee notes with great concern that practices of forced evictions without consultation, compensation or adequate resettlement appear to be widespread in Kenya, particularly in Nairobi.

Nicaragua (1993) 207. The Committee is also concerned about the lack of consistency and effectiveness of the programmes to regularize land ownership and to deal adequately with the problems of housing. In particular, the non-observance of ownership of low-cost housing under Acts Nos. 85 and 86, and the slowness of the procedures instituted by the Planning Office creates a situation of legal insecurity for the occupants of such housing. 208. The information received by the Committee concerning the eviction of several hundred families by police (particularly in the cases of the communities of ExtensiĂłn La Primavera and El Boer in Managua), with no offer

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alternative housing, is very worrying. Eviction appears to be a common practice, and the Committee has received no answers to specific questions on concrete examples. 209. The Committee requests the government Nicaragua to provide precise information on the incidents involving the expulsion of persons who have occupied land to inform it, before May 1994, of the measures it has adopted, in accordance with the undertakings of the Covenant, to deal with the problems of irregular settlements. In this regard, the Committee considers that instances of forced evictions are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in conformity with relevant principles of international law. 210. The Committee asks to be provided with written replies to the concerns raised during its dialogue with the State party which, owing to time constraints, remain unanswered. In particular, the Committee wishes to receive clarification as regards the situation of the removal and threatened eviction of squatters from different settlement communities. 211. The Committee suggests that the State party ensure the effective implementation of laws 85 and 86 of 1990 with a view to guaranteeing security of tenure and property title. The Committee recommends that the State party develop and implement urgently a comprehensive housing policy consistent with the State partyâ&#x20AC;&#x2122;s obligations under international instruments.

Mexico (1993) 234. The Committee is concerned about the fact that a large segment of the population of Mexico has to endure inadequate living and housing conditions, without access to basic services such as sanitation and potable water. 235. The Committee is also concerned about the prevalence of forced evictions in both urban and rural areas of Mexico. Of particular concern to the Committee is the large number of people already evicted or threatened with eviction owing to the lack of adequate protection. 238. The Committee recommends that steps should be taken urgently to overcome the grave housing crisis in the country. It further recommends the speedy adoption of policies and measures designed to ensure adequate civic services, security of tenure and the availability of resources to facilitate access by low-income communities to affordable housing. The Committee also recommends the increased construction of rental housing, as well as the adoption of other measures to enable Mexico to comply fully with its obligations under article 11 of the Covenant, as dealt with in General Comment No. 4 of the Committee. 239. The Committee urges that State party to desist from policy measures that lead to large-scale evictions. It recalls General Comment No. 4 in which it noted that â&#x20AC;&#x153;the Committee considers that instances of forced eviction are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international lawâ&#x20AC;?.

Belgium (1994) 11. Moreover, the Committee, while noting with satisfaction that the right to housing has been inscribed in the recently revised Constitution of Belgium, expresses concern at the adequacy of the measures taken to actually enforce that constitutional provision.

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14. The Committee recommends that Belgian authorities take appropriate measures to promote investment programmes and encourage, in particular, the construction of low-cost rental housing. In this connection, the Committee refers to its General Comment No. 4 of 1991 concerning the right to adequate housing and points out that in situations indicating a clear deterioration in the enjoyment of that right, urgent measures should be taken by the authorities concerned. The Committee, in view of the problems in the housing sector, which are still considerable, urges the Government to establish an official, nationwide Commission on Housing, comprised of representatives of Government, non-governmental organizations and other relevant groups. In view of the non-discrimination clauses contained in article 2(2) of the Covenant, the Committee strongly urges the Government to fully ensure that persons belonging to ethnic minorities, refugees and asylum seekers are fully protected from any acts or laws which in any way result in discriminatory treatment within the housing sector. In view of information received by the Committee that not all social housing units are occupied by lower income groups, the Committee urges the Government to undertake all necessary measures to ensure that lower-income groups have access to social housing which is affordable. The Committee urges the Government to more intensively apply existing laws allowing the Government to requisition properties and housing left unoccupied by owners.

Mauritius (1994) 14. Regarding the right to housing, the Committee expresses its concern about the discontinuation of the Government’s programme for providing low cost housing in Mauritius. In this regard, the Housing Development Company Ltd, established in 1992, is in no position to replace the former Central Housing Authority, as was sadly demonstrated after the recent cyclone Hollanda. Further, concern is expressed with regard to Government harassment of hundreds of homeless people who built shacks on state land.

Argentina (1994) 228. The Committee takes note of the Government’s plan to facilitate home ownership by tenants illegally occupying government property by giving them the opportunity to purchase the land they are occupying at preferential loan rates. Although more factual data are required to ascertain how many people and families have found a permanent solution through the “land plan”, the Committee welcomes the concept underlying the plan. 236. The Committee specifically notes with concern the legal provision permitting rent increases of about 12 per cent, approximately double the previous year’s inflation rate, while wages are apparently frozen. 237. The Committee is very concerned about the large number of illegal occupations of buildings, particularly in Buenos Aires, and the conditions in which expulsions are carried out. The Committee draws the attention of the Government to the full text of its General Comment No. 4 (1991) on the right to adequate housing and urges the Government to ensure that policy, legislation and practice take due account of that General Comment.

United Kingdom (1994) 274. The Committee is concerned about difficulties faced in the implementation of article 11 of the Covenant. In this context, it regrets that a large number of households have experienced harassment or illegal eviction and notes that the national housing policy is note adequate to address this problem which particularly affects private tenants who are single parents, have low incomes or, in general, are among the most vulnerable groups of society. The Committee also notes with concern that serious difficulties continue to be faced regarding the enforcement of improvements to unsafe housing in England and Wales as well as in the handling by the authorities of the growing problem of homelessness.

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280. The Committee urges the State party [United Kingdom] to improve its monitoring of the problem of inadequate housing and to develop more active and focused measures to improve the situation. In this connection, it draws the attention of the State party to the provisions of its General Comment No. 4 (1991).

Hong Kong 293. The Committee deplores the plight of persons - most of whom are elderly - living in subhuman conditions in “cage homes”, and considers unacceptable the inaction of the Hong Kong Government despite abundant financial resources at its disposal. 302. The Committee urges the Government to take immediate steps, as a matter of high priority, to eradicate the phenomenon of “cage homes”, and to ensure that those currently living in such accommodation are provided with adequate and affordable rehousing. The Committee also urges the Government seriously to consider the embodiment into domestic law of the right to housing.

Dominican Republic (1994) A Introduction 309. On 30 November 1994, at its 43rd meeting, the Committee examined matters arising out of the requests to the Government of the Dominican Republic for the provision of additional information, in particular relating to the right to adequate housing. The Committee has devoted ongoing attention to the situation in the Dominican Republic since its fifth session (1990), with particular concern about alleged instances of large-scale forced evictions. At its tenth session the Committee urged the Government to “take all appropriate measures in the meantime to ensure full respect for all economic, social and cultural rights, in particular in relation to the right to housing”. At its 55th meeting on 8 December 1994, the Committee adopted the following concluding observations. 310. The Committee appreciates the appearance before it of two representatives, including an expert from the capital, and the opportunity to engage in constructive dialogue with the Government on the right to adequate housing.

B Positive Aspects 311. The Committee welcomes the frank and open manner in which the Government responded to questions put to it and its willingness to acknowledge many of the difficulties which have impeded the implementation of the Covenant. In particular, the Committee welcomes the information received on the extent of the practice of forced evictions, the impact of fraud and other unfair practices in the allocation of public housing units and information concerning positive changes in Government policy. 312. The Committee notes the housing rights provisions in article 8(15)(b) of the Constitution and that several recent amendments to the relevant provisions of the Constitution. It notes that these provisions could, if reflected fully in law and practice, assist in promoting enhanced accountability and the development of judicial procedures which would provide an effective means of recourse for those whose right to housing is threatened. 313. The Committee welcomes those aspects of decrees 76-94 of 29 March 1994 and 155-94 of 11 May 1994 which commit the State to providing the broadest protection possible for the stability of the Dominican family and to giving property titles to all families who, up to 11 May 1994, have built homes on lands declared to be public

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property. The Committee also welcomes the decision by the Government to create a green belt around the city, and its commitment to construct 12,500 new housing units for low-income communities. 314. The Committee also welcomes the Government’s statement of its intention to amend its legislation and policy to bring them into line with the obligations arising out of the Covenant and to take measures with regard to forced evictions and to adapt relocation policies to ensure that such measures are carried out only as a last resort and that when they do occur the principle of a “house for a house” will be respected. The indication by the Government that urgent consideration will be given to suspending decrees 358-91 and 359-91 is particularly welcomed by the Committee. 315. The Committee welcomes the undertaking by the Government to submit additional information on all questions which were unanswered and to give positive consideration to the Committee’s request to send one or two of its members to the country with a view to assisting the Government in implementing the rights found in the Covenant.

C. Principal Subjects of Concern 316. The Committee reiterates the importance it attaches to the right to housing and reaffirms its long-standing view that forced evictions are prima facie incompatible with the requirements of the Covenant and can only be justified in truly exceptional circumstances. The situation regarding forced evictions within the country continues to be viewed with concern by the Committee. 317. The Committee has received, over the course of several years, detailed and precise information relating to the housing situation in the Dominican Republic. This information has systematically been provided to the Government with a request for comments as to its accuracy. That information has indicated, inter alia, that: a - Thirty thousand or more families residing in the Northern Zone (Zona Norte) of the capital are threatened with forced eviction under decrees 358-91, 359-91 and 76-94. Areas particularly affected are La Cienagalos Guandules, Gualey, Barranca de Guachupita, Simon Bolivar, La Canada de Simon Bolivar, Barrio 27 de Febrero, La Zurza, Capotillo, Las Canitas, Ens Espaillat, Maquiteria, Simonico, Cristo Rey, Guaricano, Borojol, 24 de Abril and parts of the Colonial Zone; b - Thousands of families have been evicted from the site of the “Faro a Colon” in the city without regard to their rights; c - Forced evictions have also occurred in cities such as Santiago, San Juan de la Maguana, Boca Chica and El Seybo, as well as in rural areas such as Los Haitices and Jiguey-Aguacate; d - Of the many families relocated to sites on the periphery of Santo Domingo only a small proportion received relocation allowances while some 3000 families received neither relocation allowances nor adequate compensation for their eviction; e - The current living conditions faced by those relocated as a result of Hurricane David in 1979, in particular the 106 families residing under the Duarte Bridge (Puente Duarte) and the 658 families residing in los Barrancones de Alcarrizo are grossly inadequate. 318. While the Government presented the Committee with information as to the achievements and shortcomings of its various policies in relation to housing, the Committee did not receive any information which would lead it to

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conclude that these problems do not exist or have been adequately addressed. 319. It therefore expresses its serious concern about the nature and magnitude of the problems relating to forced evictions and calls upon the Government of the Dominican Republic to take urgent measures to promote full respect for the right to adequate housing. In this regard, the Committee notes that whenever an inhabited dwelling is either demolished or its inhabitants evicted, the Government is under an obligation to ensure that adequate alternative housing is provided. In this context “adequacy” requires relocation within a Slums by the Rio Ozama , Santo Domingo, Dominican Republic © Sijmen Hendriks reasonable distance from the original site, and in a setting which has access to essential services such as water, electricity, drainage and garbage removal. Similarly, persons who are housed in conditions which threaten their life and health should, to the maximum of available resources, be adequately re-housed. 320. The Committee is concerned at the ease with which the Government is prepared to authorize or undertake the demolition of homes even when such dwellings are capable of being repaired or renovated. It appears that insufficient attention is paid in this context to extensive alternative community-development and urban improvement plans developed by popular organizations. 321. The Committee was informed that the national housing unit deficit currently stands at some 500,000 units. If correct, this level would be exceptionally high given the relatively small population of the country. While the Committee applauds the Government for the construction of roughly 4,500 housing units annually, this quantity is clearly insufficient. Moreover, the Committee was also informed that less than 17 per cent of Government-built housing units are provided to the poorest sectors of society. 322. On the basis of the detailed information available to it, the Committee also wishes to emphasize its concern at the “militarization” of La Cienaga-los Guandules, the long-standing prohibition on improving or upgrading existing dwellings for the more than 60,000 residents of the area, and the inadequate and heavily polluted living conditions. The situation is especially problematic given that these communities were originally established as relocation areas for evictees in the 1950s. Since that time the Government has failed to confer legal security of tenure on residents or to provide basic civic services. 323. The Committee also notes that, based on available information, the situation of the 200,000 persons residing in rooming houses in Santo Domingo would often appear to be below any acceptable standards. 324. The Committee is also concerned at the effects Presidential decrees can and do have upon the enjoyment of the rights recognized in the Covenant. It wishes to emphasize in this regard the importance of establishing judicial remedies which can be invoked, including in relation to presidential decrees, in order to seek redress for housing rights violations. The Committee is not aware of any housing rights matters that have been considered by the Supreme Court in relation to article 8(15)(b) of the Constitution. In so far as this might be taken to indicate that the provision has not so far been subject to judicial review, the Committee expresses the hope that greater reliance will be placed upon it in the future as a means by which to defend the right to adequate housing.

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D Suggestions and Recommendations 325. The Committee draws the attention of the Government to the full text of its General Comment No. 4 (1991) on the right to adequate housing and urges the Government to ensure that policy, legislation and practice take due account of that General Comment. 326. The Government should ensure that forced evictions are not carried out except in truly exceptional circumstances, following consideration of all possible alternatives and in full respect for the rights of all persons affected. On the basis of the information available to it, the Committee has no reason to conclude that existing plans for forced eviction in Santo Domingo, to which its attention has been drawn, are necessitated by any such exceptional circumstances. 327. All persons residing in extremely precarious conditions such as those residing under bridges, on cliff sides, in homes dangerously close to rivers, ravine dwellers, residents of Barrancones and Puente Duarte, and the more than 3000 families evicted between 1986-1994 who have yet to receive relocation sites (from Villa Juana, Villa Consuelo, Los Frailes, San Carlos, Guachupita, La Fuente, Zona Colonial, Maquiteria, Cristo Rey, La Cuarenta, Los RĂos and La Zurza), should all be ensured, in a rapid manner, the provision of adequate housing in full conformity with the provisions of the Covenant. 328. The Government should confer security of tenure to all dwellers lacking such protection at present, with particular reference to areas threatened with forced eviction. 329. The Committee notes that Presidential decrees 358-91 and 359-91 are formulated in a manner inconsistent with the provisions of the Covenant and urges the Government to consider the repeal of both of these decrees within the shortest possible time frame. The Government should seek to remove the military presence in La Cienaga-Los Guandules and allow residents the right to improve their homes and the community at large. The Government should also give careful consideration to implementing alternative development plans for the area, taking full account of plans developed by non-governmental and community-based organizations. 330. The Committee suggests that in order to promote the objectives referred to in these observations the Government might consider the establishment of commissions, comprised of representatives of all relevant sectors of society, in particular civil society, to oversee the implementation of decrees 76-94 and 155-94. 331. The Committee requests the Government to apply existing housing rights provisions in the Constitution and for that purpose to take such measures to facilitate and promote their application. Such measures could include: (a) adoption of comprehensive housing rights legislation; (b) legal recognition of the right of affected communities to information concerning any Governmental plans actually or potentially affecting their rights; (c) adoption of urban reform legislation which recognizes the contribution of civil society in implementing the Covenant and addresses questions of security of tenure, the regularization of land ownership arrangements, etc. 332. In order to achieve progressively the right to housing, the Government is requested to undertake, to the maximum of available resources, the provision of basic services (water, electricity, drainage, sanitation, refuse disposal, etc.) to dwellings and ensure that public housing is provided to those groups of society with the greatest need. It should also seek to ensure that such measures are undertaken with full respect for the law.

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333. In order to overcome existing problems recognized by the Government in its dialogue with the Committee, the Government is urged to give consideration to initiatives designed to promote the participation of those affected in the design and implementation of housing policies. Such initiatives could include: (a) a formal commitment to facilitating popular participation in the urban development process; (b) legal recognition of community-based organizations; (c) the establishment of a system of community housing finance designed to open more lines of credit for poorer social sectors; (d) enhancing the role of municipal authorities in the housing sector; (e) improving coordination between the various governmental institutions responsible for housing and considering the creation of a single governmental housing agency. 334. The Committee urges the Government to revise the 1994 Master Plan of Santo Domingo to bring it into line with the obligations arising under the Covenant and to involve civil society in the revision and implementation of the Plan. Forced evictions should not be envisaged except in full compliance with the conditions noted above. 335. Subsequent to the appearance before the Committee of two representatives of the Government of the Dominican Republic, the Committee received information that, based on a recommendation by the Special Committee on Urban Affairs, decree 371-94 was promulgated on 1 December 1994, ordering the immediate eviction of two sectors situated on the banks of the Isabella River. In the implementation of this decree the Committee requests the Government to ensure its compliance with the terms of the Covenant and to take full account of the recommendations contained in these concluding observations. The Committee has also learnt that the problem of evictions is attracting attention in the countryâ&#x20AC;&#x2122;s press and is aware of the polarization which the issue is currently causing in Dominican society. The Committee feels that it could make a more comprehensive assessment of the problem of evictions if the Government of the Dominican Republic were to invite one or two Committee members to make an in situ visit. The Committee therefore renews its request to the Government to send a two person mission to the country and recalls that this request has already been endorsed clearly on two occasions by the Economic and Social Council.

Philippines (1995) 115. The Committee expresses particular concern at the use of criminal law provisions to deal with problems arising from the inadequacy of housing. It notes in this regard that Presidential Decree (PD) 772 has been used in some cases as a basis for the criminal conviction of squatters and that PD 1818 restricts the right to due process in the case of evictees. While the Committee does not condone the illegal occupation of land nor the usurpation of property rights by persons otherwise unable to obtain access to adequate housing, it believes that in the absence of concerted measures to address these problems resort should not be had in the first instance to measures of criminal law or to demolition. 116. The Committee has received information from a variety of sources indicating that large-scale forced evictions occur frequently and are estimated to have affected hundreds of thousands of persons since the ratification of the Covenant by the Philippines. One figure presented to the Committee asserted that some 15,000 families were forcibly evicted between June 1992 and August 1994. The scale of forced evictions and the manner in which they are carried out are of concern to the Committee. The Government itself acknowledges that planned forced evictions may affect up to 200,000 families, and that the Government has identified only 150,000 relocation sites. If these estimates are correct a very significant number of persons currently threatened with eviction will not receive adequate resettlement. Such a situation would not be compatible with respect for the right to housing.

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117. The Committee is unable to accept statements made by the Government to the effect that the Covenant provides no protection from forced eviction. The right to housing cannot be interpreted as being silent in relation to such an issue and the Committee has consistently drawn the attention of other States parties to this matter. 131. The Government should ensure that forced evictions are not carried out except in truly exceptional circumstances, following consideration of all possible alternatives and in full respect of the rights of all persons affected. The Committee urges the Government to extend indefinitely the moratorium on summary and illegal forced evictions and demolitions and to ensure that all those under threat in those contexts are entitled to due process. The Government should promote greater security of tenure in relation to housing in accordance with the principles outlined in the Committeeâ&#x20AC;&#x2122;s General Comment No. 4 and should take the necessary measures, including prosecutions wherever appropriate, to stop violations of laws such as R.A. 7279. In general, the Committee urges that consideration be given to the repeal of PD 772 and PD 1818, and recommends that all existing legislation relevant to the practice of forced evictions should be reviewed so as to ensure its compatibility with the provisions of the Covenant. The Committee considers that, when relocating evicted or homeless persons or families, attention should be paid to the availability of job opportunities, schools, hospitals, health centres, and transport facilities in the areas selected. 132. The Government should consider the establishment of an independent body legally responsible for preventing illegal forced evictions, and for monitoring, documenting and reviewing any ongoing or planned forced evictions. The Presidential Commission on the Urban Poor could also be given an enhanced mandate to protect housing rights, and to collect accurate and reliable indicators and statistics relating to urban problems such as homelessness, forced evictions, the numbers of those relocated, and the number of squatters.

South Korea (1995) 77. The Committee is concerned by the housing situation in the Republic of Korea and considers that it has not been given adequate information on the subject, especially with regard to unsuitable housing, the number of homeless people and forcible evictions. It notes that, according to international non-governmental sources, 720,000 persons were evicted on the occasion of the Olympic Games in Seoul and that no information has been provided on their subsequent situation, while 16,000 are said to have been evicted since February 1992. Lastly, according to national non-governmental sources, 4,000 evictions took place in 1994. Despite the Committeeâ&#x20AC;&#x2122;s concerns, there has been no response to its questions or, more generally, to problems relating to the right to housing. 83. The Committee recommends that appropriate measures should be taken in order more effectively to guarantee the right to housing and, in particular, to ensure that no evictions are carried out without offers of alternative housing, in accordance with the Committeeâ&#x20AC;&#x2122;s General Comment No. 4 (1991). It would also like further information on the application of article 11 of the Covenant in the Republic of Korea and, in particular, on the right to housing.

Colombia (1995) 182. The Committee emphasizes the considerable importance of the problem of displaced persons, estimated at approximately 600,000. Hundreds of thousands of peasants have been uprooted and forced to migrate to the cities, where they swell the numbers of slum dwellers and are in effect unable to satisfy their most basic requirements. The primary reason for these displacements is the high level of violence in certain regions of the country.

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Paraguay (1996) 71. The Committee is very concerned at the plight of the indigenous population, as well as the estimated 200,000 landless mestizo peasant families. The main reason for hunger and malnutrition among the indigenous population and the deprivation of their rights is linked to the severe problem of obtaining access to traditional and ancestral lands. Though recognized by Law 904/81 and other subsequent laws, this right remains in abeyance. Eighty documented claims for legalizing indigenous land have been pending for a number of years. All indigenous groups in the Chaco were expelled from their traditional land by cattle ranchers or industrial enterprises. The Committee is also concerned about the situation of landless peasant families, of whom 50,000, on 15 March 1996, marched on the capital, AsunciĂłn, demanding adoption of legislative measures with respect to the land promises of agrarian reform. In Paraguay today, 5 per cent of the population owns between 60 to 80 per cent of the national territory, a situation fraught with danger peace and stability.

Guatemala (1996) 130. While the Committee appreciates the open admission by the Government that land was illegally appropriated by force in the past and that plans are in place to address this problem, the Committee remains convinced that the issue of land ownership and distribution of land is crucial to addressing economic, social and cultural grievances of a substantial segment of the population.

Dominican Republic (1996) 236. The Committee also calls attention to the various concerns it has expressed to the State party since its fifth session in 1990 in relation to the continuous violation of the right to adequate housing, and regrets that it has received an entirely unsatisfactory and inadequate response from the State party in this respect. The Committee reminds the State party of the significance it attaches to the right to adequate housing and thus to the adoption of measures by the State party to recognize, respect, protect and fulfil that right.

Libyan Arab Jamahiriya (1997) 17. The Committee also expresses its concern at reports that during the second half of 1995 thousands of foreign workers were arbitrarily expelled from the State party and were not given adequate compensation. It further regrets that there was no possibility for a legal or judicial remedy against those expulsions. The Committee is alarmed that the justification given by the delegation for this action was that foreign workers were the cause of many of the State Partyâ&#x20AC;&#x2122;s social problems such as violent crime, immoral activities, black market transactions, drug trafficking, trafficking in women, and the spread of communicable diseases. Such a rationale is unacceptable to the Committee and a clear violation of the Covenant. In this regard, the Committee draws attention of the State party to the case of approximately 200 Palestinian families who were forcibly evicted to a point near the Egyptian border and who had to live in utterly degrading conditions for two years before they were allowed to reenter the State party. 18. The Committee is concerned that the State partyâ&#x20AC;&#x2122;s delegation views HIV/AIDs as a problem essentially relating to foreign workers. It is also concerned that the delegation of the State party has indicated that foreign workers who are working in the State party with valid work permits and subsequently become HIV-positive are usually deported. The Committee is of the view that this action is discriminatory and inconsistent with the provisions of the Covenant.

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24. The Committee recommends that foreign workers who are employed in the State party with valid work permits should not be deported if they become HIV-positive while in the country. It further recommends that the State party not treat the HIV/AIDS problem as one essentially relating to foreigners, and that it take energetic steps by way of a publicity campaign in the media t o inform its population of the nature of the disease, its modes of transmission, and what steps can be taken to avoid contracting it.

Peru (1997) 13. The Committee notes with concern that the 1993 Constitution has not incorporated the provisions of the Covenant, which consequently do not constitute a part of domestic law and therefore cannot be invoked before Peruvian courts. ... Among the rights contained in the Covenant which were recognized and incorporated in the 1979 Constitution, but which have so far been left out of the 1993 Constitution, are: ... b - the right to food and adequate housing (article 18) .... 26. The Committee is concerned about the great number of forced evictions of people in the Amazon basis, resulting in the destruction of their habitat and way of life. 39. The Committee recommends that the Peruvian authorities take immediate measures to put a stop to the forced evictions of people, especially in the Amazonian basin.

Zimbabwe (1997) 13. Despite the fact that the “extended family” provides a safety net for some of the homeless, the Committee notes that the situation in relation to the right to housing remains clearly inadequate. The Committee is particularly concerned about the precarious situation of persons living in illegal structures or unauthorized housing (par. 107 of the report). Persons should not be subjected to forced eviction unless this is done under conditions compatible with the Covenant. 21. The Committee recommends that appropriate measures be taken in order more effectively to guarantee the right to housing and, in particular, to ensure that no forced evictions are carried out without alternative housing being offered, in accordance with the Committee’s General Comment No. 4 (1991). It would also like to receive further information on the number of forced evictions carried out and on the application of article 11 of the Covenant in Zimbabwe, in particular with respect to the right to housing.

Azerbaijan (1997) 24. The Committee expresses concern about the shortage of housing which is compounded by the influx of refugees and displaced persons, ad the fact that vulnerable groups and the homeless are not given adequate protection against forced evictions. 34. The Committee recommends that the State party address in a more efficient and focused manner the housing needs of its population, especially the disadvantaged groups, and that it devote a substantial proportion of its budget to creating conditions leading to a higher number of people being adequately housed, in accordance with the Committee’s General Comment No. 4.

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35. The Committee draws the attention of the State party to the importance of collecting data relating to the practice of forced evictions and of enacting legislation concerning the rights of tenants to security of tenure, in monitoring the right to housing.

St. Vincent and the Grenadines (1997) 22. With respect to article 11 of the Covenant, the Committee notes with concern that the number of squatter households has grown rapidly in Saint Vincent and the Grenadines in recent years, and that many squatters reside in dwellings which fall short of the conditions listed in paragraph 8 of the Committee’s General Comment No. 4. The Committee notes that the absence of a national housing policy and the halt of all public housing construction has aggravated these problems. 23. The Committee also notes with regret reports received of occurrences of forced evictions, in particular a case where 150 persons were forced to leave their traditional homes and land as a result of the construction of a cruise ship berth. The Committee was informed that although the persons thus evicted received some cash compensation, they were not offered alternative accommodation. The Committee recalls in this respect its General Comment No. 7.

United Kingdom of Great Britain and Northern Ireland (1997) 17. The Committee expresses its concern that homelessness is still a problem that has not been adequately addressed in the United Kingdom, and that vulnerable groups such as travellers and ethnic minorities do not receive sufficient protection against evictions. 30. The Committee recommends that there be closer monitoring of the incidence of homelessness and forced evictions, and that statistics on these issues be provided in the State party’s next periodic report, together with information regarding the steps taken to provide protection in accordance with the Committee’s General Comment No. 7 on forced evictions.

Uruguay (1997) 16. The Committee continues to be concerned by the shortage of housing, the high levels of rent, and the conditions under which forced evictions may be carried out, particularly for the most vulnerable groups. 22. The Committee considers that the efforts made by the State party to implement an adequate housing policy remain insufficient and urges it to increase its efforts in this respect. It also wishes to receive more detailed information on the number of forced evictions and the manner in which these are carried out.

Dominican Republic (1997) 7. With respect to the right to adequate housing under article 11 of the Covenant, the Committee notes with appreciation the policy set up and applied by the new Government, which involves giving priority to low-income groups and carrying out housing projects in consultation with the communities concerned. The Committee notes that this policy differs from previous governmental policies which gave preference to major ornemental public works, including the Christopher Columbus lighthouse, which unnecessarily caused the displacement of large numbers of people, and to the authoritarian planning of housing projects. The Committee also notes with appreciation the holding in 1996 of a national conference for a “New Policy in the Housing Sector”, organized by the National

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Housing Institute and the United Nations Development Programme, as a follow up to the Habitat II Conference, as well as the envisaged setting up of a State Secretariat on Housing to coordinate all government activities in the field of housing. 8. Also concerning the right to housing, the Committee notes, among the steps taken by the Government in this field of policy and its application: the commitment of the Government to suspend all forced evictions by public organs and to adopt a policy to provide adequate alternative housing or relocation to persons evicted or displaced; the adoption of Decree 443/96, which repeals Decree 358/91, and the consequent removal of military presence in the La Cienega and Los Guandules areas in the centre of Santo Domingo; and the signing of relocation agreements between the Government and some 681 families living in the Los Alcarrizos shanty town and of the 209 evicted families who occupied three churches for a year. 26. Furthermore, the Committee notes that forced evictions from private landowners still occur, and that the authorities have not yet taken the necessary measures to address this problem. 41. The Committee also recommends that the Governmentâ&#x20AC;&#x2122;s efforts be pursued and intensified in order to fully and effectively address the problems related to housing in the Dominican Republic. In this respect, the Committee stresses the need for increased resources, both for construction and rehabilitation and for the relocation of evicted and displaced communities; for decentralisation and greater autonomy of local authorities in this field; and for effective coordination of the activities undertaken by all the competent organs. The Committee also calls the attention of the Government on the need to complete the process of land survey in order to issue title deeds to regularize the ownership of land by much of the population, in rural as well as in urban areas. In this regard, the Committee encourages that action be taken to set up the State Secretariat for Housing, in order to ensure the effective coordination of the agencies concerned and the implementation of housing policies. 42. The Committee also recommends that steps be taken without delay to protect the population form forced evictions by private owners, and that, in this respect, the Committeeâ&#x20AC;&#x2122;s General Comment No. 7 be duly taken into account. 43. The Committee draws the attention to the report of the mission to the Dominican Republic, adopted by the Committee on 3 December 1997. This report focuses especially on the right to housing, as well as on other matters. The Committee calls upon the State party to take the recommendations contained therein fully into account.

Nigeria (1998) 42. The Committee urges the Government to cease forthwith the massive and arbitrary evictions of people from their homes and take such measures as are necessary in order to alleviate the plight of those who are subject to arbitrary evictions or are too poor to afford a decent accommodation. In view of the acute shortage of housing, the Government of Nigeria should allocate adequate resources and make sustained efforts to combat this serious situation.

Poland (1998) 16. The Committee draws the attention of the Government to article 11, paragraph 1 of the Covenant and to its General Comment Number 7 (1997) on the right to adequate housing. The Committee is concerned about existing legal provisions under which forced evictions may be carried out without provision for alternative lodging. The Committee also views with concern the problem of homeless people in Poland caused by the acute shortage of housing, the relatively high number of poor families living below the poverty line, floods and forced evictions.

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25. The Committee recommends that the conditions for permissible forced evictions be specified in law, with provisions addressing the need for alternative lodging for those evicted. The Committee urges the State party to take all appropriate measures in addressing the problems of the acute shortage of housing and of homelessness. It further recommends that the basis for determining rental rates be managed in a way that protects the rights of both property owners and tenants, especially those among the most vulnerable groups of society. The Committee suggests that information on one’s rights, responsibilities and public and private avenues of assistance in a market economy be provided to all consumers, in this case tenants. The Committee emphasizes that respect for the right to housing should include, when appropriate, the taking of measures to assist those whose homes are put into jeopardy or who are rendered homeless by dramatic rent increases due to the elimination of rental subsidies.

Israel (1998) 11. The Committee notes with grave concern that the Status Law of 1952 authorizes the World Zionist Organization/Jewish Agency and its subsidiaries, including the Jewish National Fund, to control most of the land in Israel, since these institutions are chartered to benefit Jews exclusively. Despite the fact that the institutions are chartered under private law, the State of Israel nevertheless has a decisive influence on their policies and thus remains responsible for their activities. A State party cannot divest itself of its obligations under the Covenant by privatizing governmental functions. The Committee takes the view that large-scale and systematic confiscation of Palestinian land and property by the State and the transfer of that property to these agencies constitute an institutionalized form of discrimination because these agencies by definition would deny the use of these properties to non-Jews. Thus, these practices constitute a breach of Israel’s obligations under the Covenant. 12. The Committee notes with deep concern the situation of the Jahalin Bedouin families who were forcibly evicted from their ancestral lands to make way for the expansion of the Ma’aleh Adumim and Kedar settlements. The Committee deplores the manner in which the Government of Israel has housed these families - in steel container vans in a garbage dump in Abu Dis in subhuman living conditions. The Committee regrets that instead of providing assurances that this matter will be resolved, the State party has insisted that it can only be solved through litigation. 21. The Committee is deeply concerned about the adverse impact of the growing exclusion faced by Palestinians in East Jerusalem from the enjoyment of their economic, social and cultural rights. The Committee is also concerned over the continued Israeli policies of building settlements to expand the boundaries of East Jerusalem and of transferring Jewish residents into East Jerusalem with the result that they now outnumber the Palestinian residents. 22. The Committee deplores the continuing practices of the Government of Israel of home demolitions, land confiscations and restrictions on family reunification and residency rights, and its adoption of policies which result in substandard housing and living conditions, including extreme overcrowding and lack of services, of Palestinians in East Jerusalem, in particular in the old city. 23. The Committee notes with concern the situation of Arab neighbourhoods in mixed cities such as Jaffa and Lod which have deteriorated into virtual slums because of Israel’s excessively restrictive system of granting government permits without which it is illegal to undertake any kind of structural repair or renovation. 24. The Committee notes that despite the State party’s obligation under article 11 of the Covenant, the Government of Israel continues to expropriate Palestinian lands and resources for the expansion of Israeli settlements. Thousands of dunams (hectares) of land in the West Bank have recently been confiscated to build 20 new

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bypass roads which cut West Bank towns off from outlying villages and farmlands. The consequence - if not the motivation - is the fragmentation and isolation of the Palestinian communities and facilitation of the expansion of illegal settlements. The Committee also notes with concern that while the Government annually diverts millions of cubic metres of water from the West Bank’s Eastern Aquifer Basin, the annual per capita consumption allocation for Palestinians is only 125 cubic metres while settlers are allocated 1000 cubic metres per capita. 25. The Committee expresses its concern over the plight of an estimated 200,000 uprooted “present absentees”, Palestinian Arab citizens of Israel most of whom were forced to leave their villages during the 1948 war on the understanding that they would be allowed by the Government of Israel to return after the war. Although a few have been given back their property, the vast majority continue to be displaced and dispossessed within the State because their lands were confiscated and not returned to them. 26. The Committee notes with deep concern that a significant proportion of Palestinian Arab citizens of Israel continue to live in unrecognized villages without access to water, electricity, sanitation and roads. Such an existence has caused extreme difficulties for the villagers in regard to their access to health care, education and employment opportunities. In addition, these villagers are continuously threatened with demolition of their home and confiscation of their land. The Committee regrets the inordinate delay in the provision of essential services to even the few villages that have been recognized. In this connection, the Committee takes note that while Jewish settlements are constructed on a regular basis, no new Arab villages have been built in the Galilee. 41. The Committee calls upon the State party to cease the practices of facilitating the building of illegal settlements and constructing bypass roads, expropriating land, water and resources, demolishing houses and arbitrary evictions. The Committee urges the State party immediately to take steps to respect and implement the right to an adequate standard of living, including housing, of the Palestinian residents of East Jerusalem and the Palestinian Arabs in the mixed cities. The Committee strongly recommends equal access to housing and settlement on State land for the “present absentees” who are citizens of Israel. The Committee recalls in this connection its General Comment No. 4.

3.3

Reporting Guidelines for States Parties to the Covenant on Economic, Social and Cultural Rights

The following reporting guidelines for States reports have been designed by the UN Committee on Economic, Social and Cultural Rights in order to accurately monitor the extent to which the 138 countries which have ratified the International Covenant on Economic, Social and Cultural Rights have fulfilled their obligations concerning the human right to adequate housing. Article 11(1) of the Covenant on Economic, Social and Cultural Rights contains the single most important legal source of housing rights under international law. It states as follows: The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent. Each of the 138 countries which have ratified the Covenant, and thus accepted the terms of article 11(1) are required by international law to submit detailed reports on housing rights and the other economic, social and cultural rights found in the Covenant once every five years, based on the guidelines which follow.

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These reports are subsequently scrutinized by the UN Committee on Economic, Social and Cultural Rights during their two three-week meetings held each year in May and in November-December at the UN offices in Geneva. If you or your group would like to obtain more information about the Committee or if you would like to obtain your government’s own report, please contact the Committee’s Secretary, Mr. Alexander Tikonov: Office of the High Commissioner for Human Rights, Palais Wilson, 1202 Geneva, Switzerland, e-mail: tikhonov1@hchr.ch. Alternatively, you can obtain the report of your government from the Foreign Ministry in your country or contact COHRE for further information. We have included these official guidelines in this manual in order to show the type of information governments are obliged to provide to the UN concerning the right to adequate housing and consequently their perspectives on forced evictions within their borders. Importantly, grassroots groups, NGOs and others can utilize these guidelines as a basis for the preparation of alternative reports which include information that government’s may be hesitant to provide, particularly on those areas where government has clearly failed to comply fully with the legal obligations arising from the recognition of the right to housing. Since no government can be expected to admit they have violated housing rights or other human rights, the presentation of people-based reports can fill an important gap in information available to the Committee on Economic, Social and Cultural Rights. Local groups from more than twenty countries which have prepared alternative reports thus far have each found such initiatives useful in obtaining strong condemnations by the UN when governments have, in fact, failed to fulfil their legal duties to ensure a decent place to live in peace and dignity for all. As of April 1999 the following 138 countries have ratified the Covenant on Economic, Social and Cultural Rights and thus have unequivocally accepted to respect, protect and fulfil the human right to adequate housing and to ensure the continuous improvement in living conditions, and to submit reports on how they have achieved these things every five years: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Cote D’Ivoire, Croatia, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Mali, Malta, Mauritius, Mexico, Moldova, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, St. Vincent & the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, The former Yugoslav Republic of Macedonia, Togo, Trinidad & Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.

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Bhutanese refugee camp, Jhapa, Nepal, 1998 © Scott Leckie

Revised guidelines regarding the form and contenst of states reports to be submitted by states parties under articles 16 and 17 of the covenant on economic, social and cultural rights The right to adequate housing a - Please furnish detailed statistical information about the housing situation in your country. b - Please provide detailed information about those groups within your society that are vulnerable and disadvantaged with regard to housing. Indicate, in particular: i The number of homeless individuals and families; ii The number of individuals and families currently inadequately housed and without ready access to basic amenities such as water, heating (if necessary), waste disposal, sanitation facilities, electricity, postal services, etc. (in so far as you consider these amenities relevant in your country). Include the number of people living in overcrowded, damp, structurally unsafe housing or other conditions which affect health; iii The number of persons currently classified as living in ‘illegal’ settlements or housing; iv The number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction; v The number of persons whose housing expenses are above any government-set limit of affordability, based upon ability to pay or as a ratio of income; vi The number of persons on waiting lists for obtaining accommodation, the average length of waiting time and measures taken to decrease such lists as well as to assist those on such lists in finding temporary housing; vii The number of persons in different types of housing tenure by: social or public housing; private rental sector; owner-occupiers; ‘illegal’ sector; and others. c - Please provide information on the existence of any laws affecting the realization of the right to housing, including: i Legislation which gives substance to the right to housing in terms of defining the content of this right; ii Legislation such as housing acts, homeless person acts, municipal corporation acts, etc; iii Legislation relevant to land use, land distribution, land allocation, land zoning, land ceilings, expropriations including provisions for compensation, land planning including procedures for community participation;

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iv Legislation concerning the rights of tenants to security of tenure, to protection from eviction, to housing finance and rent control (or subsidy), housing affordability, etc; v Legislation concerning building codes, building regulations and standards and the provision of infrastructure; vi Legislation prohibiting any and all forms of discrimination in the housing sector, including groups not traditionally protected; vii Legislation prohibiting any form of eviction; vii Any legislative appeal or reform of existing laws which detracts from the fulfilment of the right to housing; ix Legislation restricting speculation on housing or property, particularly when such speculation has a negative impact on the fulfilment of housing rights for all sectors of society; x Legislative measures conferring legal title to those living in the ‘illegal’ sector; xi Legislation concerning environmental planning and health in housing and human settlements. d - Please provide information on all other measures taken to fulfil the right to housing, including: i

ii iii iv v vi vii

Measures taken to encourage ‘enabling strategies’ whereby local community-based organizations and the ‘informal sector’ can build housing and related services. Are such organizations free to operate? Do they receive Government funding?; Measures taken by the State to build housing units and to increase other construction of affordable rental housing; Measures taken to release unutilized, under-utilized or mis-utilized land; Financial measures taken by the State including details of the budget of the Ministry of Housing or other relevant Ministry as a percentage of the national budget; Measures taken to ensure that international assistance for housing and human settlements is used to fulfil the needs of the most disadvantaged groups; Measures taken to encourage the development of small and intermediate urban centres, especially at the rural level; Measures taken during, inter alia, urban renewal programmes, redevelopment projects, site upgrading, preparation for international events (Olympics, World Fairs, conferences, etc.), ‘beautiful city’ campaigns, etc., which guarantee protection from eviction or guarantee rehousing based on mutual agreement, by any persons living on or near to affected sites.

e - During the reporting period, have there been any changes in the national policies, laws and practices negatively affecting the right to adequate housing?

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INTERNATIONAL LEGAL AND OTHER PROVISIONS ON FORCED EVICTIONS

In addition to the resolutions on forced evictions, the housing rights provisions of the Covenant on Economic, Social and Cultural Rights and other texts contained in this document, a multiplicity of other provisions can be identified which bear directly on the practice of forced evictions in terms of human rights. In order to provide supplementary legal materials to groups opposing forced evictions, this section of Sources No. 3 outlines in detail several of the key pronouncements by the United Nations and under international law generally pertaining to forced evictions.

4.1

Humanitarian Law Standards and Forced Evictions

In cases of war and armed conflict, thousands and sometimes millions of persons are forcibly evicted from their homes or forced to flee their homes for their own safety. International humanitarian law expressly prohibits such evictions unless the security of the inhabitants can only be secured through temporary displacement. Several important clauses which apply during times of war or illegal occupation can be found in the following articles of two treaties, considered to be part of customary law and thus binding on all nations of the international community.

The 4th Geneva Convention Relative to the Protection of Civilian Persons in Time of War August 12, 1949 The 4th Geneva Convention Relative to the Protection of Civilian Persons in Time of War August 12, 1949 addresses these issues in detail. Article 49 of Convention IV provides clearly that: Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited regardless of their motive.

Protocol II Concerning Non-International Armed Conflicts (1977) In another text adopted in 1977, and which filled a gap in the protection afforded by the 1949 Geneva Conventions, these themes are also addressed in terms very much like those of article 49. In Protocol II Concerning Non-International Armed Conflicts article 17 states: 1. The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition. 2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.

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4.2

World Conferences and Forced Evictions

Habitat Agenda: Goals and Principles, Commitments and Global Plan of Action, adopted 14 June 1996, Istanbul: We further commit ourselves to the objectives of: .... Protecting all people from and providing legal protection and redress for forced evictions that are contrary to the law, taking human rights into consideration; when eviction are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided. (Para. 40(n))

The Copenhagen Programme of Action, World Summit for Social Development, adopted 12 March 1995: Wherever possible, development schemes that do not displace local populations, and designing an appropriate policy and legal framework to compensate the displaced for their losses, to help them to re-establish their livelihoods and to promote their recovery from social and cultural disruption.

Vienna World Conference on Human Rights, Vienna, Austria, adopted 14 June 1993: Meeting in conjunction with the World Conference for Human Rights in Vienna in June 1993, a forum for non-governmental organizations was held. The final report of the forum (UN doc. A/CONF.157/7 and Add. 1 and 2), presented to the plenary of the World Conference, contains a series of recommendations made by various thematic working groups that were held during the forum. Working Group 3 was dedicated to “forced evictions, displacement and housing rights”. Its’ report included, inter alia, the following recommendations: a - It was recommended that all Governments should halt immediately any and all violations of the right to adequate housing, in particular the practice of forced evictions, demolitions and sealing of housing, discrimination in any form in the housing sphere, processes that lead to homelessness, destitution and tolerance and perpetuation of inadequate living conditions. b - The Working Group recognized and expressed its deepest concern that forced evictions - the removal, relocation and re-settlement of individuals, families, groups and communities against their will – is a widespread and global phenomenon, affecting millions of persons annually in all countries and in every region of the world in both urban and rural areas. c - It was recommended unequivocally that all states should halt immediately all manifestations of the practice of forced evictions and that all Governments should refrain from adopting legislation which effectively legitimizes forced evictions. d - The Working Group reaffirmed the position of several United Nations human rights bodies, including the Commission on Human Rights, that forced evictions are a gross violation of human rights, in particular the right to adequate housing. e - It was recommended that immediate compensation and restitution be provided to any and all victims of the practice of forced evictions. f - The Working Group was deeply alarmed that the non-fulfilment and continued denial of housing rights, including the practice of forced evictions created situations that gave rise to outbursts of communal and ethnic violence and led to discrimination in the housing sphere of specific ethnic groups.

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g - The Working Group expressed its dismay that acts of communal and ethnic violence throughout the world can and do result in massive violations of housing rights, including the acts of forced evictions and displacement. h - The Working Group expressed its alarm at the explicit use by States, including occupying Powers, of the utilization of the planning process as a means of discriminating, through policy and programmes, including master plans, against certain groups, often leading to being forced to leave their homes through the process of displacement and forced evictions. i- It was recommended that international and bilateral financial agencies should halt funding of all development projects, including the imposition of conditionality ridden economic adjustment policies, that lead to the involuntary removal of people from their homes. j - The Working Group, taking in to account the aforementioned points, recommended in the strongest possible terms the appointment by the Commission of Human Rights of a Special Rapporteur on forced evictions as a matter of urgency and with a view towards documenting, exposing, and especially preventing the gross violations of human rights arising from the practice of forced evictions.

Agenda 21, UN Conference on Environment and Development, adopted June 1992 People should be protected by law against unfair eviction from their homes or land. (Chap. 7.9 (b)).

UN Global Strategy for Shelter to the Year 2000 General Assembly Resolution 43/181: The UN Global Strategy for Shelter to the Year 2000 was unanimously approved by the United Nations General Assembly on 21 December 1988, and has consequently set the international housing agenda for the 1990s. Though it largely neglects many of the issues concerning forced evictions, one clause is relevant. All citizens of all states, poor as they may be, have a right to expect their Governments to be concerned about their shelter needs, and to accept a fundamental obligation to protect and improve houses and neighbourhoods, rather than damage or destroy them (Para 13).

UN Vancouver Declaration on Human Settlements (1976) A number of declarations and recommendations dealing with housing issues adopted by international institutions address the practice of eviction, in explicit terms. The 1976 UN Vancouver Declaration on Human Settlements most notably, defines acceptable behaviour relating to evictions in the following two clauses: The undertaking of major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made. ... The ideologies of States are reflected in their human settlement policies. These being powerful instruments for change, they must not be used to dispossess people from their homes or land, or to entrench privilege and exploitation. The human settlement policies must be in conformity with the declaration of principles [on Human Settlements] and the Universal Declaration of Human Rights.

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4.3

Other Official Provisions and Pronouncements

The United Nations Secretary-General In 1993 the United United Nations Secretary-General, issued the first United Nations Study on forced eviction. The report Forced evictions: Analytical Report by the Secretary-General Pursuant to Commission on Human Rights Resolution 1993/771, contains various far-reaching proposals. Most importantly, the Secretary-General emphasised the necessity of preventing evictions before they occur. His proposals are contained in paragraphs 148-158: Preventive Measures 148. States parties to the International Covenant on Economic, Social and Cultural Rights have agreed to take appropriate steps to ensure the realization of the rights contained in the Covenant by all appropriate means, including in particular the adoption of legislative measures. 149. In the case of forced evictions, many national housing acts, laws and statutes already contain clauses expressly prohibiting illegal evictions. The 1977 Protection from Eviction Act of the United Kingdom includes legal protection from â&#x20AC;&#x153;illegal eviction and Nairobi, Kenya, 1990 harassmentâ&#x20AC;? and the creation of offences for violations of the act. The existence of such legal provisions indicates that it would be reasonable for countries lacking such provisions to consider adopting them. In fact areas of natural law in need of revision or repeal maybe revealed by the legislative review function of the state reporting procedure. 150. Eviction Impact Statements may also contribute to the protection of the potential victims, the reduction of social tension and the mitigation of the inhabitantsâ&#x20AC;&#x2122; hardships, as long as they are viewed only as interim measures and not as substitutes for legislative authority which, if improperly carried out, may even justify an eviction process. Under such a procedure, permission to remove occupants from any given site will not be granted unless such statements, prepared by persons or organs fully independent of the actor requesting the eviction are provided to the competent authorities, and if the statements do not reveal that the target community is inadequately protected. 151. One of the most urgent measures to be taken by Governments in eliminating the practice of forced evictions in the enforcement of housing rights. This study has argued that economic and developmental considerations are among the main motivation behind forced evictions. The incentives of economic growth and development for society often overshadow the basic need of individuals for a decent and secure place to live. The right to property is in constant conflict with the right to housing. Therefore, enforcing the right to housing implies a step-by-step approach leading only gradually to the full, society-wide enjoyment of the right. 152. It is therefore recommended that the steps to be taken towards the full enjoyment of the right to adequate housing, inter alia, the undertaking of comprehensive and systematic legislative reviews of all national laws rele1 UN doc: E/CN.4/1994/20 (7 December 1993).

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vant to or affecting the right to housing to ensure their conformity with international standards, to initiate nationwide public information campaigns on the various provisions on the issue of housing, as well as the regular inclusion in State’s reports, to the Committee on Economic , Social and Cultural Rights of data relevant to evictions, resettlement and homelessness. 153. One specific legally based action Governments should undertake to curtail the practice of forced evictions is the universal conferral of security of tenure. Security of tenure, namely the legal right to protection from arbitrary or forced eviction-equally relevant to owners, tenants and squatters- may play a significant role in discouraging the eviction process. 154. The principle of security of tenure has been repeatedly recognized. In resolution 1993/77 the Commission of Human Rights urged all Governments to “confer legal security of tenure on all persons currently threatened with forced eviction and to adopt all necessary measures giving full protection against forced eviction, based upon effective participation, consultation and negotiation with affected persons or groups.” 155. General Comment No.4 (1991) on the right to adequate housing, unanimously adopted by the Committee on Economic, Social, and Cultural Rights clearly places security of tenure in to the category of legal entitlements assumed under the International Covenant on Economic, Social and Cultural Rights. The Committee is defining the meaning of “adequate housing”, expressly stated that: “Tenure takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should posses a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups” (para.8 (a)). 156. The Sub-Commission on Prevention of Discrimination and Protection of Minorities, in its resolution 1991/12, recommended that the Commission on Human Rights encourage Governments “to undertake policy and legislative measures aimed at curtailing the practice of forced eviction, including the conferral of legal security of tenure to those currently threatened with forced eviction, based upon effective consultation and negotiation with affected persons or groups”. 157. The Commission on Human Settlements, in its resolution 14/6 of 5th May 1993, unanimously urged States to establish appropriate monitoring mechanisms and indicators on the extent of homelessness, inadequate housing conditions and persons without security of tenure, as well as other issues arising from the right to adequate housing. 158. Read in conjunction with each other and considering all other foundations of housing rights in international law, security of tenure for every one, notwithstanding the type of housing, has become increasingly entrenched in the legal interpretation of the right to adequate housing.

United Nations Guidelines on International Events and Forced Evictions2 In 1996 the UN Secretary-General issued a report entitled ‘Guidelines on international events and forced evictions’. Although this report fell well short of expectations, it did make several points of interest, including the following: 2 UN doc: E/CN.4/Sub.2/1996/11 (10 July 1996).

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7. Forced evictions can always be attributed directly to decisions, legislation or policies explicitly pursued by States or to the failure of States to intervene in halting forced evictions by third parties. Besides, virtually all instances of forced evictions are planned, formulated, and often announced prior to being carried out.... 8. The causes of forced evictions are very diverse. The practice can be carried out in connection with development and infrastructure projects, in particular dams and other energy projects, land acquisition or expropriation, housing or and reclamation measures, hallmark international events (Olympic Games, World’s Fairs, etc), in the context of unrestrained land or housing speculation, housing renovation, urban redevelopment or city beautification initiatives and mass relocation or resettlement programmes. When evictions do occur, there is a tendency to seek to justify them on the basis of broad generalizations by declaring, for example, that they are “inevitable”, “unavoidable”, a “necessary price for progress”, or required in order to promote “development”.

UN Human Rights Fact Sheet No. 25 on Forced Evictions The Office of the High Commissioner for Human Rights published regular booklets containing the official position of the United Nations programme on particular human rights themes. In 1996, UN Human Rights Fact Sheet No. 25 on Forced Evictions was published an distributed widely. The following provisions are found in fact sheet no. 25: ....International human rights law establishes norms and principles touching on virtually all facets of life. This is reflected in the consistent reaffirmation by the international community of the indivisibility and interdependence of all human rights, whether civil, cultural, economic, political or social. The indispensable equality of all human rights, now firmly entrenched in the provisions of international human rights instruments, is particularly evident when examining human rights violations relating not just to one right, but to a broad range of human rights. One such infringement of human rights is the practice of forced evictions: the removal of individuals, families or communities from their homes, land or neighbourhoods, against their will, directly or indirectly attributable to the state. Forced evictions might not initially be viewed necessarily as an issue of human rights, but rather as a simple side effect of development, of urban renewal, a consequence of armed conflict, or an aspect of environmental protection or energy generation by, for example, hydroelectric dams. However, to be persistently threatened or actually victimized by the act of forced eviction from one’s home or land is surely one of the most supreme injustices any individual, family, household or community can face. The perpetual insecurity of people intimidated by this practice, coupled with the frequent use of physical violence during its carrying out, being to reveal the personal and collective trauma invariably inflicted on those faced with the prospect of forced eviction. No one volunteers to be an evictee. Tolerated in most societies and officially encouraged in many, forced evictions dismantle what people have built over months, years and sometimes decades, destroying the livelihood, culture, community, families and homes of millions of people throughout the world every year. Far from offering solutions to housing or urban crises, forced evictions destroy the dwellings and human settlements people call home and could perhaps be more appropriately labeled as a method of “de-housing” rather than as a practice representing a constructive, human-oriented response to the ongoing global housing crisis. The United Nations human rights programme has devoted increasing attention to the practice of forced evictions in recent years, indicating the seriousness of global concern about the often violent removal of people

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from their homes. The Organization is engaged in several initiatives seeking to address the structural causes of displacement and develop effective responses for assisting and protecting displaced persons, including the efforts of the United Nations High Commissioner for Refugees, the representative of the Secretary- General on internally displaced persons, the International Committee of the Red Cross and others. Why do forced evictions occur? The multidimensional effects of forced evictions are well known by those supporting and promoting this practice, and thus virtually no eviction is carried out without some form of public justification seeking to legitimize the action. The fact that in many third world cities, half of the population resides in acutely inadequate housing conditions is sufficient grounds for eviction proponents to claim the “ reasonableness” of forcibly evicting the poor from their neighbourhoods, slums or shanty towns in order to “beautify the city”. This half of the population is in a far weaker legal position from which to fight a planed eviction or at least negotiate concessions such as time, support for moving and acquiring alternative accommodation, and compensation. Justifying forced evictions in this manner is tantamount to marking the victims scapegoats in social and legal structures which deny them the right to a decent, safe and healthy place to live, as well as a broad range of other human rights. Forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a number of actors, including national governments, local and municipal governments, occupation authorities, developers, planners, landlords(both public and private), property speculators and international financial institutions and other agencies. Importantly, the ultimate legal responsibility for preventing forced evictions, however, always rests with governments, no matter which actors are in fact the driving forces behind a particular eviction plan. Eviction operations tend to be most prevalent in countries or parts of cities with the worst housing conditions. Wealthier classes virtually never face forced eviction, and are always spared mass eviction. Housing circumstances such as slums Squatter settlements, exploitative landlords, homelessness, non-responsive and ineffective legal systems, uncontrolled urbanization and other factors not only serve as physical manifestations of governmental inability or unwillingness to take seriously the housing rights of their populace, but are also common justifications by Governments and other evictors for forcing people from their homes. It is one thing to assist dwellers in attaining their rights through programmes of renovation of their homes and communities in recognition of the social processes involved in the popular housing sector, or through other measures of improvement on site excluding evictions. (Increasing attention has been paid by the human rights community to the positive right to reside and resettle in those instances when housing is unsafe, unhealthy or otherwise threatening to the rights of dwellers. The right to return to one’s home following displacement is also gaining prominence.)These instances differ markedly, however, from situations where people are wantonly thrown out of their homes and sent to the urban edge to start their lives over again. Because forced evictions often occur in locations dominated by inadequate housing conditions and in areas where housing rights are either actively or passively denied, without a sober rethinking of policy, law and action, evictions will continue to grow as a consequence of the failure of Governments to fulfil such rights. Forced evictions in urban areas often involve the transfer of high value land from poorer groups to middle -or upper –income groups or the freeing of land to build houses, commercial developments, roads and other forms of infrastructure which primarily benefits wealthier groups.

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Recognizing the physical and economic impact of forced eviction on persons and communities threatened with the loss of their homes and lands, eviction proponents frequently use a variety of arguments seeking to offer publicly palatable justifications for promoting the process. Some of the most frequent public justifications are: to build new and improved housing ; to improve or beautify the site or city; to protect public health, hygiene or safety; to protect the safety of pedestrians on pavements: to provide infrastructure, roads or public works; to protect historic buildings or landmarks; to provide “good scenery” for foreign guests; to construct facilities for international events; to construct government buildings; to increase arable land for agriculture; to improve housing conditions for the inhabitants; to mete out punishment for political activities ; to prevent the growth of a city; to conserve ecologically important locations; to eradicate safe havens for criminals; to carry out redevelopment projects; to deter future squatting ; to rent out premises to new tenants; to protect dwellers from threats of flooding ; to dredge filtrated canals; to build sports stadiums or arenas; to reclaim public land; and to separate ethnic or racial groups. Superficially many of these justifications may appear reasonable. However, in the bulk of eviction cases, evictees, in addition to having faced a violation of human rights, tend to end up worse off than before the eviction-despite the fact that even before being evicted their living and housing conditions may have been anything but satisfactory. Approaching the issue from the human rights perspective prior to examining the logic of eviction rational, therefore, one is forced to reassess just how “reasonable” most of these justifications are in practical and human terms. Terms such as “unavoidable” and “in the public interest” seek to indicate the inevitability of eviction, but are frequently used before exploring possible alternatives to a planned eviction. Sadly it remains commonplace for economic for economic and similar considerations to take precedence over the human rights of disadvantaged and vulnerable groups and this trend may intensify in the era of globalization unless adequate safeguards are developed and enforced. International human rights law creates obligations requiring States to take legislative and other measures to ensure that the beneficiaries of such rights are protected from violations, as well as guaranteeing effective remedies if rights are infringed. Although legislation in many countries prohibits “illegal” or “arbitrary” evictions, such laws are routinely violated, ignored in practice or not enforced. As a result, millions of people are subjected annually to unfair and unlawful forced evictions. Whether labeled as eviction, displacement, resettlement or removal, this practice continues, in one form or another, in all countries. Some States are clearly more affected than others. Indeed the political and economic systems governing a country determine the extent to which forced evictions are sanctioned, tolerated or prohibited. Although this is certainly no always the case, the greater the degree of democratically oriented, popularly based participation in all aspects of the development and housing process and the greater the degree to which communities are politically organized (or are allowed by the state to assemble freely and to organize), the smaller the likelihood that mass evictions will occur. Similarly, Governments which accept and act decisively on their responsibility under human rights law to house their citizens tend less frequently to be proponents of mass forced evictions. Wherever they are carried out, forced evictions are an unpopular measure and a subsequent threat to elected Governments when, and if, elections are held. Generally, forced evictions are rarely carried out immediately preceding elections, due precisely to their social, political, or legal unacceptableness.

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The United Nations High Commissioner for Human Rights, Ms. Mary Robinson The United Nations High Commissioner for Human Rights, Ms. Mary Robinson, former President of Ireland, has shown considerable conviction in supporting additional activities in the pursuit of economic, social and cultural rights. Among many other initiatives, the High Commissioner spoke forcefully at a United Nations Expert Group Meeting on Practical Aspects of the Human Right to Adequate Housing held from 9-11 March 1999 in support of establishing a UN Housing Rights Programme (UNHRP). Robinson used the occasion to outline her views on housing rights and eviction issues and the following quote from her opening statements gives a sense of how her Office now views the fundamental issues, and can be referred to as evidence of the official position of the Office of the High Commissioner for Human Rights: ....One of the most blatant types of housing rights violation is the still very common act of forced evictions. Despite the extensive consideration given to stopping this practice over the past decade, millions of people are violently removed from their homes each year. According to the Centre on Housing Rights and Evictions (COHRE), a staggering 14 million people are currently threatened by planned forced evictions. In 1997 an expert group meeting convened by our Office adopted the Comprehensive Human Rights Guidelines on Development-Based Displacement, which seek to steer States away from the practice of forced evictions carried out in connection with development projects. In this connection the Guidelines provide that States should ensure that no persons, groups or communities are rendered homeless or are exposed to the violation of any other human rights as a consequence of a forced eviction. In addition, States should fully explore all possible alternatives to any act involving forced eviction. In this regard, all affected persons, including women, children and indigenous, shall have the right to all relevant information and the right to full participation and consultation throughout the entire process and to propose any alternatives. In the event that agreement cannot be reached, an independent body, such as a court of law, tribunal, or ombudsman, may be called upon. Once adopted by the international community, these principles shall provide guidance in preventing violations of housing rights such as forced evictions. Since all human rights are to be treated equally, in an interdependent and indivisible manner, we should begin discussions on what could be called the right to security of place. This right exemplifies the convergence of civil and political and economic, social and cultural rights and places three forms of security into an indispensable human rights framework. Firstly, this right encapsulates the notion of physical security-protection of physical integrity, safety from harm, and guarantees that basic rights will be respected. Secondly, this right incorporates all dimensions of human security-or the economic and social side of the security equation. While thirdly, the right to security of place recognizes the importance of tenure rights (for tenants, owners and those too poor to afford to rent or buy a home) and the crucial right to be protected against any arbitrary or forced eviction from oneâ&#x20AC;&#x2122;s home. This manifestation of security intrinsically links to housing rights concerns during times of peace and to housing rights issues arising in the midst of armed conflict and humanitarian disasters. I hope this gathering can discuss the notion of the right to security of place to determine how this might assist in improving the protection of housing rights everywhere.

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To this purpose I would like to bring of your attention the background paper before you which proposes numerous and creative ideas for joint actions. In fact, it is as an Inter-Agency draft Plan of Action to develop a system wide United Nations Housing Rights Programme. I am convinced that only through such joint efforts focussed on each of the key economic, social and cultural rights, can we act forcefully enough to secure these rights for everyone, everywhere. I hope that the acronym ‘UNHRP’ will eventually become a symbol of a successful programme on economic, social and cultural rights and provide an impetus to develop similar plans on all these rights in the near future. Housing rights violations during periods of ethnic violence and armed conflict tend to be massive, but often under-estimated as a source of tension. Moreover, housing and property disputes in post-conflict situations (Bosnia, Georgia and Rwanda, to name several) present some of the most difficult challenges to policy-makers seeking to build peaceful, multi-ethnic societies. Incorporating housing rights component into all field operations could perform a very useful function in giving housing issues the higher profile they deserve. A joint pilot project between Habitat and my Office could prove a very practical way to formalize our UN Housing Rights Programme and to begin what will hopefully become a fruitful, much longer-term relationship, where we together work coordinately towards the goal of ridding the earth of housing rights violations in our lifetime. (9 March 1999, Geneva)

World Bank Operational Directive 4.30 on Involuntary Resettlement The World Bank has been responsible for financing numerous development projects over the past decades which have resulted in the forced eviction of millions of people. In order to reduce the scale of evictions carried out in conjunction with such projects, the World Bank has issued Operational Directive 4.30 on Involuntary Resettlement. The following provisions are found within this directive and are meant to be complied with by all World Bank-funded projects : 2. Development projects that displace people involuntarily generally give rise to severe economic, social, and environmental problems: production systems are dismantled; productive assets and income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community structures and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished. Involuntary resettlement may cause severe long term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out.

Policy Objectives 3. The objective of the Bank’s resettlement policy is to ensure that the population displaced by a project receives benefits from it. Involuntary resettlement is an illegal part of project design and should be dealt with from the earliest stagers of project preparation (para.28), taking in to account the following policy considerations. a - Involuntary resettlement should be avoided or minimized where feasible, exploring all viable alternative designs. For example, realignment of roads or reductions in dam height may significantly reduce settle ment needs.

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b - Where displacement is unavoidable, resettlement planes should be developed. All involuntary resettle ment should be conceived and executed as development programs, with resettlers provided sufficient investment resources and opportunities to share in project benefits. Displaced persons should be: (i) com pensated for their losses in full replacement cost prior to the actual move; (ii) assisted with the move and supported during the transition period in the resettlement site; and (iii) assisted in their efforts to improve their former living standards, income earning capacity, and production levels, or at least to restore them. Particular attention should be paid to the needs of the poorest groups to be resettled. c - Community participating in planning and implementing resettlement should be encouraged. Appropriate patterns of social organization should be established, and existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible. d - Resettlers should be integrated socially and economically into host communities so that adverse impacts on host communities are minimized. The best way of achieving this integration is for resettlement to be planned in areas benefiting from the project and through consultation with the future hosts. e - Land, housing, infrastructure, and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoralists, who may have usufruct or customary rights to the land or other resources taken for the project. The absence of legal title to land by such groups should not be a bar to compensation.

Resettlement Planning 4. Where large-scale population displacement is unavoidable, a detailed resettlement plane, timetable, and budget are required. Resettlement plans should be built around a development strategy and package aimed at improving or at least restoring the economic base for those relocated. Experience indicates that cash compensation alone is normally inadequate. Voluntary settlement may form part of a resettlement plan, provided measures to address the special circumstances of involuntary resettlement are included. Preference should be given to land based resettlement strategies for people dislocated from agricultural settings. If suitable land is unavailable, non-land based strategies built around opportunities for employment or self employment may be used.

Organizational Responsibilities 6. The responsibility for resettlement rests with the borrower. The organizational framework for managing resettlement must be developed during preparation and adequate resources provided to the responsible institutions. The organization responsible for resettlement should be strengthened when entities when executing infrastructure or other sector-specific projects lack the experience and out look needed to design and implement resettlement. One alternative is to create a special resettlement unit within the project entity: this can facilitate the involvement of other line agencies. Another alternative is to entrust resettlement to the regional or town administration that knows the population and area, can mobilize local expertise, speaks the resettlerâ&#x20AC;&#x2122;s language, and will ultimately be responsible for the integration of resettlers in to the host population And area. There also maybe considerable scope for involving non governmental organizations (NGOâ&#x20AC;&#x2122;s) in planning, implementing, and monitoring resettlement.

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Legal Framework 12. A clear understanding of the legal issues involved in resettlement is needed to design a feasible resettlement plan. An analysis should be made to determine the nature of the legal framework for the resettlement envisaged, including: (a) the scope of the power of eminent domain, the nature of compensation associated with it , both in terms of the valuation methodology and the timing of payment; (b) the legal and administrative procedures applicable, including the appeals process and the normal time-frame for such procedures; (c) land titling and registration procedures; and (d) laws and regulations in relation to the agencies responsible for implementing resettlement and those related to land compensation, consolidation, land use, environment, water use, and social welfare.

Valuation of and Compensation for Lost Assets 14. Valuation of lost assets should be made at their replacement cost. Compensation is facilitated by: (a) paying special attention to the adequacy of the legal arrangements concerning land title, registration, and site occupation; (b) publicizing among people to be displaced the laws and regulations on valuation and compensation; (c) establishing criteria for determining the resettlement eligibility of affected households e.g. households that have only partially lost their assets but are no longer economically viable should be entitled to full resettlement; and (d) developing mechanisms to prevent illegal encroachers and squatters, including an influx of non-residents entering to take advantage of such benefits, from participating in the compensation arrangements, by an early recording of the numbers and names of the affected populations entitled to compensation/rehabilitation. 15. Some types of loss, such as access to: (a) public services; (b) customers and suppliers; and (c) fishing, grazing, or forest areas cannot easily be evaluated or compensated for in monetary terms. Attempts must therefore be made to establish access to equivalent and culturally acceptable resources and earning opportunities. 16. Valuable groups at particular risk are indigenous people, the landless and semi-landless, and households headed by females who, though displaced, may not be protected through national land compensation legislation. The resettlement plan must include land allocation or culturally acceptable alternatives income earning strategies to protect the livelihood of these people.

Land Tenure, Acquisition and Transfer 17. Resettlement plans should review the main land tenure and transfer systems, including common property and non-title based usufruct systems governed by locally recognized land allocation mechanisms. The objective is to treat customary and formal rights as equally as possible in devising compensation rules and procedures. The plan should address the issues raised by the different tenure systems found in a project area, including: (a) the compensation eligibility of land-dependent populations; (b) the valuation procedures applicable to different tenure types; and (c) the grievance procedures available for disputes over land acquisition. Plans should contain provisions for conducting land surveys and regularizing land tenure in the earliest stages of project development. Planning should also anticipate the approximate time needed to acquire and transfer land.

Shelter, Infrastructure and Social Services 19. To ensure the economic and social viability of the relocated communities, adequate resources should be allocated to provide shelter, infrastructure (e.g. water supply, feeder roads) and social services (e.g. schools , health care centers). Site development, engineering, and architectural designs should be prepared for shelter,

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infrastructure and social services. Since community or self built houses are often better accepted and more tailored to the resettler’s needs than contract built-houses, provision of a building site with suitable infrastructure, model plans, building materials, technical assistance, and “construction allowances” (for income foregone while resettlers build their houses) is an option communities should be offered. Planning for shelter, infrastructure and services should take in to account population growth.

OECD Guidelines for Aid Agencies on Involuntary Displacement and Resettlement in Development Projects 1. Development projects that displace people involuntarily generally give rise to severe economic, social and environmental problems: production systems are dismantled, productive assets and income sources are lost, and people are relocated to environments where their social and productive skills may be less applicable and the competition for resources greater. Involuntary resettlement thus may cause severe long-term hardship, impoverishment and environmental damage unless appropriate measures are carefully planned and carried out. Past experiences indicate that the absence of explicit guidelines regarding involuntary resettlement has contributed in many projects to underestimating the complexity and impact of displacement.

Policy Objectives 4. The primary objective of adopting policy guidelines for resettlement activities is to ensure that project designers and implementers follow the best practices in such situations so that the population displaced by a project receives benefits from it and is re-established on a sound productive basis. 5. Alternatives to displacement and resettlement should be fully considered before decisions on displacement and resettlement are taken. Involuntary displacement and resettlement should be treated as an integral part of project design from the earliest stages of project preparation. Projects should be screened for potential resettlement issues. Projects that are particularly likely to cause involuntary resettlement include construction or establishment of: a) dams; b) new towns or ports; c) housing and urban infrastructure; d) mines; e) large industrial plants; f) railways or highways; g) irrigation canals; and h) national parks or protected areas. 6. Resettlement planning should take into account the following basic policy considerations: a - Involuntary population displacement should be avoided or minimised whenever feasible by exploring all viable alternative project designs. In every case, the alternative to refrain from carrying out the project (the “non-action” alternative) should seriously be considered, and people’s needs and environmental protection must be given due weight in the decision-making process. Where displacement is unavoidable, resettlement plans should be formulated with due care given to peoples’ needs and to environmental protection. Donor countries should not support projects that cause population displacement unless they contain acceptable resettlement plans protecting the rights of affected groups. b - All involuntary resettlement should be conceived and executed as development programmes, providing sufficient investment resources and opportunities for resettlers to share in project benefits. Displaced persons should be: i) enable to reconstruct a land-based or employment-based productive existence; ii) compensated for their losses at replacement cost; iii) assisted with the move and during the transition period at the relocation site; and iv) assisted in their efforts to improve their former living standards, income earning capacity, and production levels, or at least to restore them.

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III. Resettlement Planing 7. A detailed resettlement plan, including timetable and budget, should be designed around a development package for improving or at least restoring, the economic base of those relocated. Past practice indicates that cash compensation alone is usually inadequate and often counter-productive. Preference should be given to land-based settlement strategies for people dislocated from agricultural settings. If suitable land is unavailable, non land-base strategies built around opportunities for employment or self-employment are necessary. 8. The content and level of detail of resettlement plans will vary with circumstances, especially the magnitude of resettlement. The plan should normally include provisions for the following: a - organizational responsibilities; b - socio-economic survey; c - community participation and integration with host populations; d - legal framework; e - valuation and compensation for lost assets; f - land acquisition and productive re-establishment; g - access to training and employment; h - shelter, infrastructure and social services; i - environmental protection and management; and j - implementation timetable, monitoring, and evaluation. 9. Details about each one of these plan components are described in the annex. Most important in planning and resettlement is the advance identification of several possible relocation sites. For rural settlers it is desirable to encourage “land for land” approaches, providing replacement land of productive potential at least equivalent to the lost land. For urban re-settlers, the new site should ensure comparable access to employment, infrastructure services and production opportunities. 10. Cost estimates (reflecting economic, social and ecological costs) should be prepared for all activities provided in the relocation plan, and they should be budgeted and scheduled in co-ordination with the physical works of the main investment project.

IV. Donor Agencies’ Role in Resettlement 11. As with other development projects, the primary responsibility for projects entailing involuntary resettlement rests with the government of the country in which the project is carried out. 12. In pursuing the mitigation of displacement’s size and social environment impacts, donor agencies should explore the possibility of supporting the effects of aid recipients through: a) assistance in designing and assessing resettlement policy, strategies, laws, regulations, and specific plans; b) financing technical assistance to strengthen the capacity of agencies responsible for resettlement; c) direct or indirect financing as appropriate of the investment costs of resettlement; and d) encouraging cooperative relations between the government and recipient countries and support for NGO’s representing the resettled and indigenous populations. 13. Where the specific resettlement needs of each project are not known in advance, aid recipients would need to agree with donors on resettlement policies, planning principles, and institutional arrangements. At least a preliminary estimate of total population to be displaced and overall resettlement costs should be made at the outset, as well as an evaluation of proposed resettlement sites.

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

U.N. COMMISSION ON HUMAN RIGHTS RESOLUTION ON FORCED EVICTIONS 1993/77

On 10 March 1993 the UN Commission on Human Rights unanimously adopted the following resolution on forced evictions, known as resolution 1993/77. This document is of historical significance due to the broad interpretation its contents provide regarding the range of reasons why evictions occur and to the fact that each of the 53 governments on the Commission of Human Rights supported it without reservation. The most powerful clauses are found in operative paragraphs 1-4, near the end of the text, and these can and should be used as additional pressure points in preventing forced evictions from taking place. These points are valid in all countries, with the burden of proof resting on the governments of the world to prove they have complied with the contents of this landmark text. If you, your group, movement or campaign achieve any form of protection from eviction through reference to this resolution or other pronouncements by the UN on evictions, please let us know. Full copies of this resolution follow in English, Spanish, French, Arabic, Russian and Chinese.

A frightened and shocked Teresa Nyokabi stands outside her house which was demolished while her mother was away. BulBul Ngong,Kenya 1989 ÂŠ Nation Newspapers LTD.

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

UN COMMISSION ON HUMAN RIGHTS RESOLUTION 1993/77 Adopted unanimously on 10 March 1993 during the 49th Session of the UN Commission on Human Rights 1993/77. FORCED EVICTIONS The Commission on Human Rights Recalling resolution 1991/12 (Forced evictions) of 26 August 1991 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Also recalling its resolution 1992/10 of 2 February 1992, in which it took note with particular interest of General Comment No. 4 (1991) on the right to adequate housing (E/1992/23, annex III) adopted on 12 December 1991 by the Committee on Economic, Social and Cultural Rights at its sixth session and the reaffirmed importance attached in this framework to respect for human dignity and the principle of non-discrimination, Reaffirming that every woman, man and child has the right to a secure place to live in peace and dignity, Concerned that, according to United Nations statistics, in excess of one billion persons throughout the world are homeless or inadequately housed, and that this number is growing, Recognizing that the practice of forced eviction involves the involuntary removal of persons, families and groups from their homes and communities, resulting in increased levels of homelessness and in inadequate housing and living conditions, Disturbed that forced evictions and homelessness intensify social conflict and inequality and invariably affect the poorest, most socially, economically, environmentally and politically disadvantaged and vulnerable sectors of society, Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a range of actors, Emphasizing that ultimate legal responsibility for preventing forced evictions rests with governments, Recalling that General Comment No. 2 on international technical assistance measures (1990), adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which, inter alia, involve large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation, Mindful of the questions concerning forced evictions included in the guidelines for Statesâ&#x20AC;&#x2122; reports (E/1991/23, annex IV) submitted in conformity with articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, Noting with Appreciation that the Committee on Economic, Social and Cultural Rights, in its General Comment No. 4, considered that instances of forced evictions were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law,

FORCED EVICTIONS AND HUMAN RIGHTS

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Taking note of the observations of the Committee on Economic, Social and Cultural Rights at its fifth (1990) and sixth (1991) sessions concerning forced evictions, Taking note also of the inclusion of forced evictions as one of the primary causes of the international housing crisis in the working paper on the right to adequate housing, prepared by Mr. Rajindar Sachar (E/CN.4/ Sub.2/1992/15), Taking note further of Sub-Commission resolution 1992/14 (Forced evictions) of 27 August 1992, 1. Affirms that the practice of forced evictions constitutes a gross violation of human rights, in particular the right to adequate housing; 2. Urges Governments to undertake immediate measures, at all levels, aimed at eliminating the practice of forced evictions; 3. Also urges Governments to confer legal security of tenure to all persons currently threatened with forced eviction and to adopt all necessary measures giving full protection against forced evictions, based upon effective participation, consultation and negotiation with affected persons or groups; 4. Recommends that all Governments provide immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their wishes or needs, to persons and communities which have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups; 5. Requests the Secretary-General to transmit the present resolution to Governments, relevant United Nations bodies, including the United Nations Centre on Human Settlements, the specialized agencies, regional and intergovernmental organizations, non-governmental organizations and community-based organizations, soliciting their views and comments; 6. Also requests the Secretary-General to compile an analytical report on the practice of forced evictions, based on an analysis of international law and jurisprudence and information submitted in accordance with the previous paragraph, and to submit his report to the Commission at its fiftieth session; 7. Decides to consider the analytical report at its fiftieth session, under item 7, entitled â&#x20AC;&#x153;The realization of economic, social and cultural rightsâ&#x20AC;?, and to determine how most effectively to continue its consideration of the issue of forced evictions.

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

Naciones Unidas Comision de Derechos Humanos Resolucion 1993/77 Aprobada sin votación, 10 de marzo de 1993, 49 período de sesiones del ONU Comision de Derechos Humanos 1993/77. DESALOJAMIENTOS FORZOSOS La Comisión de Derechos Humanos Recordando la resolución 1991/12 de la Subcomisión de Prevención de Discriminaciones y Protección a las Minorías, de 26 agosto de 1991, Recordando también su resolución 1992/10 de 2 de febrero de 1992, en que tomó nota con especial interés de la Observación general No. 4 (1991) sobre el derecho a una vivienda adecuada (E/1992/23, anexo III), aprobada por el Comité de Derechos Económicos, Sociales y Culturales el 12 de deciembre de 1991, en su sexto período de sesiones, y de la importancia reafirmada que se atribuye en este marco al respeto de la dignidad humana y del principio do la no discriminación, Reafirmando que cada mujer, hombre y niño tiene derecho a un lugar seguro para vivir en paz y con dignidad, Preocupada por el hecho de que, según las estadísticas de las Naciones Unidas, más de 1.000 millones de personas en todo el mundo carecen de vivienda adecuada o son personas sin hogar, y que esta cifra está aumentando, Reconociendo que la práctica de los desalojamientos forzosos entraña el traslado involuntario de personas, familias y grupos de sus hogares y comunidades, lo que provoca el aumento del número de personas sin hogar y el empeoramiento de las condiciones de vivienda y de vida, Perturbada porque los desalojamientos forzosos y la carencia de vivienda intensifican los conflictos y las desigualdades sociales e invariablemente afectan a los sectores más pobres y a los sectores social, económica, ecológica y políticamente más desfavorecidos y vulnerables de la sociedad, Consciente de que los desalojamientos forzosos pueden ser realizados, sancionados, solicitados, propuestos, iniciadoes o tolerados por diversas entidades, Destacando que la responsabilidad jurídica última de impedir los desalojamientos forzosos corresponde a los gobiernos, Recordando que to Observación general No. 2 (1990) sobre medidas internacionales de asistencia técnica, aprobada por el Comité de Derechos Económicos, Sociales y Culturales en su cuarto período de sesiones, dice entre otras cosas que los organismos internacionales deberían evitar escrupulosamente toda participación en proyectos que, por ejemplo, entrañen el desalojamiento o el desplazamiento en gran escala de seres humanos sin proporcionarles toda la protección y compensación adecuadas, Consciente de las cuestiones relativas a los desalojamientos forzosos incluidas en las directrices relativas a los informes que han de presentar los Estados (E/1991/23, anexo IV) de confromidad con los artículos 16 y 17 del Pacto Internacional de Derechos Económicos, Sociales y Culturales,

FORCED EVICTIONS AND HUMAN RIGHTS

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Tomando nota con reconocimiento de que el Comité de Derechos Económicos, Sociales y Culturales, en su Observación general No. 4, consideró que los casos de desalojamientos forzosos eran prima facie incompatibles con las disposiciones del Pacto Internacional de Derechos Económicos, Sociales y Culturales y sólo podrían justificarse en las circunstancias más excepcionales y de conformidad con los principios pertinentes del derecho internacional, Tomando nota de las observaciones hechas por el Comité de Derechos Económicos, Sociales y Culturales en sus períodos de sesiones quinto (1990) y sexto (1991) en relación can los desalojamientos forzosos, Tomando nota también de la inclusión de los desalojamientos forzosos como una de las principales causas de las crisis internacional de la vivienda en el documento de trabajo sobre el derecho a una vivienda adecuada elaborado por el Sr. Rajindar Sachar (E/CN.4/Sub.2/1992/15), Tomando nota asimismo de la resolución 1992/14 de la Subcomisión, de 27 de agosto de 1992, 1. Afirma que la práctica de los desalojamientos forzosos constituye una violación grave de los derechos humanos, en particular del derecho a una vivienda adecuada; 2. Insta a los gobiernos a que adopten en todos los niveles medidas inmediatas destinadas a eliminar la práctica de los desalojamientos forzosos; 3. Insta también a los gobiernos a que concedan una seguridad jurídica de tenencia a todas las personas que están actualmente amenazadas de desalojamiento forzoso y a que adopten todas las medidas necesarias para proporcionar una protección completa contra los desalojamientos forzosos, sobre la base de la participación, la consulta y la negociación efectivas de las personas o los grupos afectados; 4. Recomienda que todos los gobiernos proporcionen de modo inmediato indemnización, compensación y/o vivenda o terrenos sustitutivos adecuados y suficientes, de conformidad con sus deseos y necesidades, a las personas y comunidades que hayan sido desalojadas forzosamente, sobre la base de negociaciones mutuamente satisfactorias con las personas o grupos afectados; 5. Pide el Secretario General que transmita la presente resolución a los gobiernos, los órganos competentes de las Naciones Unidas, incluido el Centro de las Naciones Unidas para los Asentamientos Humanos, los organismos especializados, las organizaciones regionales, intergubernamentales y no gubernamentales y las organizaciones comunitarias, solicitando sus opiniones y observaciones; 6. Pide también el Secretario General que elabore un informe analítico sobre la práctica de los desalojamientos forzosos, basado en el análisis del derecho y la jurisprudencia internacionales y la información proporcionada en cumplimiento del párrafo anterior, y que presente su informe a la Comisión en su 50 período de sesiones; 7. Decide examinar el informe analítico en su 50 período de sesiones, en relación con el tema titulado “Cuestión de la realización, en todos los países, de los derechos económicos, sociales y culturales.

FORCED EVICTIONS AND HUMAN RIGHTS

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Nations Unies Commission des Droits de L’Homme Résolution 1993/77 Adoptée sans vote, 10 mars 1993, Quarante-neuvième session de la Commission des Droits de L’Homme 1993/77. EXPULSIONS FORCÉES La Commission des droits de l’homme, Rappelant la résolution 1991/12, adoptée le 26 août par la Sous-Commission de la lutte contre les mesures discriminatoires et de la protection des minorités, Rappelant équalement sa propre résolution 1992/10, de 2 février 1992, résolution dans laquelle elle a pris acte avec un intérêt particulier de l’Observation générale No. 4 (1991) sur le droit à un logement suffisant (E/1992/234, annexe III), adoptée le 12 décembre 1991 par le Comité des droits économiques, sociaux et culturels à sa sixiéme session et où le Comité réaffirmait l’importance qui s’attachait dans cette perspective au respect de la dignité humaine et du principe de la non-discrimination, Réaffirmant que toute femme, tout homme et tout enfant a le droit de disposer d’un endroit sûr pour y vivre dans la paix et la dignité, Préoccupée par le fait que, selon les chiffres des Nations Unies, plus d’un milliard de gens dans le monde sont sans abri ou mal logés et l’on s’s’attend que ce chiffre augmente, Reconnaissant que la pratique des expulsions forcées sépare copntre leur volonté les personnes, familles et groupes de leurs foyers et de leurs communautés, multipliant le nombre des sans-abri et créant des conditions de logement et d’existence qui laissent à désirer, Troublée par le fait que les expulsions forcées et l’accroissement du nombre des sans-abri aggravent les conflits et l’inégalité sur le plan social et touchent invariablement les couches de la société les plus pauvres, celles qui sont le plus défavorisées du point de vue social, économique, écologique et politique et le plus vulnérables, Sachant que les expulsions forcées peuvent être exécutées, sanctionnées, exigées, proposées, conçues au départ ou tolérées par un certain nombre d’acteurs, Soulignant que c’est aux gouvernements qu’incombe en dernière analyse la responsabilité de s’opposer aux explusions forcées, Rappelant que dans l’Observation générale No. 2, concernant les mesures internationales d’assistance technique (1990), adoptée par le Comité des droits économiques, sociaux et culturels à sa quatrième session, il est dit, entre autres choses, que les organismes internationaaux doivent éviter scrupuleusement d’appuyer des projets qui, parmi d’autres dispositions, entraînent des expulsions ou déplacements massifs, sans mesures appropriées de protection et d’indemnisation, Avant à l’esprit les questions relatives aux expulsion forcées incorporées aux directives concernant les rapports que présentent les Etats conformément aux articles 16 et 17 du Pacte international relatif aux droits économiques, sociaux et culturels (E/1991/23, annexe IV),

FORCED EVICTIONS AND HUMAN RIGHTS

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Notant avec satisfaction que le Comité des droits économiques, sociauz et culturels, dans son Observation générale No. 4, a estimé que les décisions d’éviction forcée étaient prima facie contraires aux dispositions du pacte international relatif aux droits économiques, sociaux et culturels et ne pouvaient être jusifiées que dans les situations les plus exceptionnelles et conformément aux principes applicables du droit international (par. 18), Prenant note des observations que le Comité des droits économiques, sociaux et culturels, lors de ses cinquième et sixième sessions, a formulées au sujet des expulsions forcées, Prenant note également du fait que les explusions forcées figurent comme l’une des causes primordiales de la crise internationale du logement dans le document de travail sur le droit à un logement convenable établi par M. Rajindar Sachar (E/CN.4/Sub.2/1992/15), Prenant note en outre de la résolution 1992/14 de la Sous-Commission, en date du 27 août 1992, 1. Affirme que la pratique des expulsions forcées constitue une violation flagrante des droits de l’homme, en particulier du droit à un logement convenable; 2. Demande instamment aux gouvernements de prendre immédiatement des mesures à tous les niveaux, en vue d’éliminer la pratique des expulsions forcées; 3. Demande aussi instamment aux gouvernements d’accorder à toutes les personnes qui sont actuellement manacées d’être expulsées de force des garanties juridique en ce qui concerne l’occupation des lieux et d’adopter toutes les mesures nécessaires pour accorder aux intéressés une entière protection contre l’expulsion forcée, ceci à la suite de mesures effectives de participation ainsi que la consultations et de négociations avec les persoones ou groupes intéressés; 4. Recommande que tous les gouvernements prennent des mesures immédiates pour la restitution, l’attribution d’indemnités appropriées et suffisantes et/ou des possibilités de relogement ou d’occupation de terres correspondent aux souhaits et aux besoins des intéressés, aux personnes et communautés qui ont été expulsées de force, à l’issue de négociations avec les personnes ou les groupes touchés donnant satisfaction à toutes les parties; 5. Prie le Secrétaire général de transmettre la présente résolution aux gouvernments, aux organes compétents de l’Organisation des Nations Unies, y compris au Centre des Nations Unies pour les établissements humains, aux institutions spécialisées, aux organisations régionales, aux organisations intergouvernementales et non gouvernementales et aux organismes de’intérêt local, en sollicitant leurs vues et leurs observations; 6. Prie également le Secrétaire général d’établir un rapport analytique sur la pratique des expulsions forcées en se fondant sur l’analyse du droit et la jurisprudence internationaux et sur les renseignements présentés confromément aux dispositions du paragraphe précédent, et de présenter son rapport à la Commission à sa cinquantième session; 7. Décide d’examiner le rapport analytique à sa cinquantième session, dans le cadre du point 7 de l’ordre du jour, intitulé “Question de la jouissance effective, dans tous les pays, des droits économiques, sociaux et culturels”.

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

UN SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES RESOLUTIONS ON FORCED EVICTIONS AND RELATED THEMES (1991 - 1998)

Each August, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities meets for one month at the UN Offices in Geneva, Switzerland. Since 1991, the Sub-Commission has adopted resolutions on forced evictions and various other themes relating to forced evictions. This section contains full texts of the relevant resoltuions adopted by this 26 member body of independent experts on these human rights issues.

6.1

Resolution 1998/9 on Forced Evictions

The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling Commission on Human Rights resolution 1993/77 of 10 March 1993 and the analytical report on forced evictions prepared by the Secretary-General (E/CN.4/1994/20) to the Commission at its fiftieth session, Recalling also its resolution 1991/12 of 26 August 1991, 1992/14 of 27 August 1992, 1993/41 of 26 August 1993, 1994/39 of 26 August 1994, 1995/29 of 24 August 1995, 1996/27 of 29 August 1996 and 1997/6 of 22 August 1997, Reaffirming that every woman, man and child has the right to a secure place to live in peace and dignity, which includes the right not to be evicted arbitrarily or on a discriminatory basis from oneâ&#x20AC;&#x2122;s home, land or community, Recognizing that the often violent practice of forced eviction involves the coerced and involuntary removal of persons, families and groups from their homes, lands and communities, whether or not deemed legal under prevailing systems of law, resulting in greater homelessness and inadequate housing and living conditions, Emphasizing that ultimate legal and political responsibility for preventing forced evictions rests with Governments, Recalling that general comment no. 2 (1990) on international technical assistance measures, adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which involve, among other things, large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation (E/1990/23, annex III, para. 6), and its general comment no. 4 (1991) which considered that instances of forced eviction were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law (E/1992/23. annex III, para. 18), Noting with interest the recent case law of the European Court of Human Rights and the Inter-American Commission on Human Rights,

FORCED EVICTIONS AND HUMAN RIGHTS

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Noting with appreciation the adoption of general comment no. 7 (1997) on forced evictions by the Committee on Economic, Social and Cultural Rights (E/C.12/1997/4), in which the Committee recognized, inter alia, that women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable groups all suffer disproportionately from the practice of forced evictions, and that women in all groups are especially vulnerable, given the extent of statutory and other forms of discrimination which often apply in relation to the property rights of women, including home ownership and rights of access to property of accommodation, and given the particular vulnerability of women to acts of violence and sexual abuse when they are rendered homeless. Noting also the provisions on forced evictions contained in the Habitat Agenda (A/CONF.165/14), adopted by the United Nations Conference on Human Settlements (Habitat II) convened in June 1996, 1. Reaffirms that the practice of forced eviction constitutes a gross violation of a broad range of human rights, in particular the right to adequate housing, the right to remain, the right to freedom of movement, the right to privacy, the right to property, the right to an adequate standard of living, the right to security of the home, the right to security of the person, the right to security of tenure and the right to equality of treatment; 2. Strongly urges Governments to undertake immediately measures, at all levels, aimed at eliminating the practice of forced evictions by, inter alia, repealing existing plans involving arbitrary forced evictions and legislation allowing arbitrary forced evictions and ensuring the right to security of tenure for all residents; 3. Also strongly urges Governments to protect all persons who are currently threatened with forced evictions, and to adopt all necessary measures giving full protection against arbitrary or unreasonable forced eviction, based upon effective participation, consultation and negotiation with affected persons or groups; 4. Recommends that all Governments provide immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their wishes, rights and needs, to persons and communities that have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups, and recognizing the obligation to ensure such provision in the event of any forced eviction; 5. Recommends that all Governments ensure that any eviction, whether forced or not, is carried out in a manner which does not violate any of the human rights of those evicted; 6. Invites all international financial, trade, development and other related institutions and agencies, including member or donor States that have voting rights within such bodies, to take fully into account the views contained in the present resolution and other pronouncements under international human rights and humanitarian law on the practice of forced eviction; 7. Requests the High Commissioner on Human Rights to give due attention to the practice of forced eviction in discharging her responsibilities and to undertake measures, whenever possible, to persuade governments to comply with relevant international standards, to repeal planned forced evictions from taking place and to ensure the provision of adequate compensation when forced evictions have already occurred; 8. Welcomes the report of the Expert Seminar on the Practice of Forced Evictions convened from 11-13 June 1997 and the Comprehensive Human Rights Guidelines on Development-Based Displacement, adopted by the Expert Seminar (E/CN.4/Sub.2/1997/7);

FORCED EVICTIONS AND HUMAN RIGHTS

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9. Urges the Commission on Human Rights to invite all States to consider the Comprehensive Human Rights Guidelines on Development-Based Displacement as contained in document E/CN.4/Sub.2/1997/7, with a view to approving the guidelines in their present form at its fifty-sixth session; 10. Decides to consider the issue of forced evictions at its fifty-first session under the agenda item entitled â&#x20AC;&#x153;The realization of economic, social and cultural rightsâ&#x20AC;?. Adopted by consensus on 20 August 1998

6.2 Resolution 1998/26 on Housing and Property Restitution for Refugees and Internally Displaced Persons The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Conscious that human rights violations and breaches of international humanitarian law are among the reasons why refugees, as defined in relevant international legal instruments, and internally displaced persons flee their homes and places of habitual residence, Recognizing that the right of refugees and internally displaced persons to return freely to their homes and places of habitual residence in safety and security forms an indispensable element of national reconciliation and reconstruction and that the recognition of such rights should be included within peace agreements ending armed conflicts, Recognizing also the right of all returnees to the free exercise of their right to freedom of movement and to choose oneâ&#x20AC;&#x2122;s residence including the right to be officially registered in their homes and places of habitual residence, their right to privacy and respect for the home, their right to reside peacefully in the security of their own home and their right to enjoy access to all necessary social and economic services, in an environment free of any form of discrimination, Conscious of the widespread constraint imposed against refugees and internally displaced persons in the exercise their right to return to their homes and places of habitual residence, Also conscious that the right to freedom of movement and the right to adequate housing includes the right of protection for returning refugees and internally displaced persons against being compelled to return to their homes and places of habitual residence and that right to return to their homes and places of habitual residence must be exercised in a voluntary and dignified manner, Aware that intensified international, regional and national measures are required to ensure the full realization of the right of refugees and internally displaced persons to return to their homes and places of habitual residence and are indispensable elements of reintegration, reconstruction and reconciliation, 1. Reaffirms the right of all refugees, as defined in relevant international legal instruments, and internally displaced persons to return to their homes and places of habitual residence in their country and/or place of origin, should they so wish;

FORCED EVICTIONS AND HUMAN RIGHTS

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2. Reaffirms also the universal applicability of the right to adequate housing, the right to freedom of movement, the right to privacy and respect for the home and the particular importance of these rights for returning refugees and internally displaced persons wishing to return to their homes and places of habitual residence; 3. Confirms that the adoption or application of laws by States which are designed to or result in the loss or removal of tenancy, use, ownership or other rights connected with housing or property, the active retraction of the right to reside within a particular place, or laws of abandonment employed against refugees or internally displaced persons pose serious impediments to the return and reintegration of refugees and internally displaced persons and to reconstruction and reconciliation; 4. Urges all States to ensure the free and fair exercise of the right to return to one’s home and place of habitual residence by all refugees and internally displaced persons and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of this right, including fair and effective mechanisms designed to resolve outstanding housing and property problems; 5. Invites the United Nations High Commissioner for Human Rights, in consultation with the United Nations High Commissioner for Refugees, within her mandate, to facilitate the full implementation of the present resolution; 6. Invites the United Nations High Commissioner for Refugees, in consultation with the United Nations High Commissioner for Human Rights, to develop policy guidelines to promote and facilitate the right of all refugees and, if appropriate to her mandate, internally displaced persons, to return freely, safely and voluntarily to their homes and places of habitual residence; 7. Decides to consider the issue of return to place of residence and housing for refugees and internally displaced persons at its fifty-first session, under the agenda item entitled ‘Freedom of Movement’ to determine how most effectively to continue its consideration of these issues. Adopted by consensus on 26 August 1998

6.3

Resolution 1997/6 on Forced Evictions

The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolutions 1991/12 of 26 August 1991, 1992/14 of 27 August 1992, 1993/41 of 26 August 1993, 1994/39 of 26 August 1994, 1995/29 of 24 August 1995 and 1996/27 of 29 August 1996, Recalling also Commission on Human Rights resolution 1993/77 of 10 March 1993 and the analytical report on forced evictions prepared by the Secretary-General (E/CN.4/1994/20) and submitted to the Commission at its fiftieth session, Reaffirming that every woman, man and child has the right to a secure place to live in peace and dignity, which includes the right not to be evicted arbitrarily or on a discriminatory basis from one’s home, land or community, Recognizing that the practice of forced eviction often involves the coerced and involuntary removal of persons, families and groups from their homes, lands and communities, resulting in greater homelessness and inadequate housing and living conditions,

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

Noting that when, under exceptional circumstances, evictions are considered to be justified, such evictions must be carried out in strict compliance with relevant human rights provisions which demand, inter alia, that such evictions must not be carried out on a discriminatory or arbitrary basis, that evictions must be carried out through legal procedures that ensure appropriate due process protections and that, owing to the universal right to housing which is enshrined, most notably, in article 11 of the International Covenant on Economic, Social and Cultural Rights, such evictions must not result in individuals being rendered homeless or vulnerable to other human rights violations, Emphasizing that ultimate legal and political responsibility for preventing forced evictions rests with Governments, Recalling that general comment No. 2 (1990) on international technical assistance measures, adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which involve, among other things, large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation (E/1990/23, annex III, para. 6), and general comment No. 4 (1991) in which the Committee considered that instances of forced eviction were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with relevant principles of international law (E/1992/23, annex III, para. 18), Noting with appreciation the adoption of general comment No. 7 (1997) on forced evictions by the Committee on Economic, Social and Cultural Rights (E/C.12/1997/4), in which the Committee recognized, inter alia, that women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable groups all suffer disproportionately from the practice of forced eviction, and that women in all groups are especially vulnerable, given the extent of statutory and other forms of discrimination which often apply in relation to the property rights of women, including home ownership and rights of access to property or accommodation, and given the particular vulnerability of women to acts of violence and sexual abuse when they are rendered homeless, Noting also the provisions on forced evictions contained in the Habitat Agenda (A/CONF.165/14, annex II) adopted by the United Nations Conference on Human Settlements (Habitat II) convened in Istanbul in June 1996, 1. Reaffirms that forced evictions may often constitute gross violations of a broad range of human rights, in particular the right to adequate housing, the right to remain, the right to freedom of movement, the right to privacy, the right to property, the right to an adequate standard of living, the right to security of the home, the right to security of the person, the right to security of tenure and the right to equality of treatment; 2. Strongly urges Governments to undertake immediately measures at all levels aimed at eliminating the practice of forced eviction by, inter alia, ensuring the right to security of tenure for all residents; 3. Also strongly urges Governments to confer legal security of tenure on all persons, including all women and men who are currently threatened with forced eviction, and to adopt all necessary measures giving full protection against unreasonable eviction, based upon effective participation, consultation and negotiation with the affected persons or groups; 4. Recommends that all Governments provide immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their rights and needs, to persons and communi-

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

ties that have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups, and recognizing the obligation to ensure such provision in the event of any forced eviction; 5. Invites all international financial, trade, development and other related institutions and agencies, including member or donor States that have voting rights within such bodies, to take fully into account the views contained in the present resolution and other related pronouncements under international human rights and humanitarian law on the practice of forced eviction; 6. Requests the United Nations High Commissioner for Human Rights to give due attention to the practice of forced eviction in discharging her responsibilities and to undertake measures, whenever possible, to persuade Governments to comply with relevant international standards, to prevent planned forced evictions from taking place, and to ensure the provision of adequate compensation when forced evictions have already occurred; 7. Welcomes the report of the expert seminar on the practice of forced evictions, which was convened by the Secretary-General in Geneva from 11 to 13 June 1997 (E/CN.4/Sub.2/1997/7) and the comprehensive human rights guidelines on development-based displacement adopted by the expert seminar and annexed to its report; 8. Requests the Commission on Human Rights to invite all States to consider the comprehensive human rights guidelines on development-based displacement with a view to their approving guidelines for such displacement as soon as possible; 9. Decides to consider the issue of forced evictions at its fiftieth session under the agenda item entitled â&#x20AC;&#x153;The realization of economic, social and cultural rightsâ&#x20AC;?, insofar as necessary to achieve the objectives outlined in paragraph 8 above, and to determine how most effectively to continue its consideration of the issue of forced evictions. Adopted by consensus on 22 August 1997

6.4

Resolution 1996/27 on Forced Evictions

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

Recognizing that the often violent practice of forced eviction involves the coerced and involuntary removal of persons, families and groups from their homes, lands and communities, whether or not deemed legal under prevailing systems of law, resulting in greater homelessness and inadequate housing and living conditions, Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a range of actors, all of which possess legal obligations to refrain from such practices, Aware also that discriminatory motivations are the actual basis behind a large number of forced evictions, Emphasizing that ultimate legal and political responsibility for preventing forced evictions rests with Governments, Recalling that General Comment No. 2 (1990) on international technical assistance measures, adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which involve, among other things, large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation (E/1990/23, annex III, para. 6), Noting with appreciation that the Committee on Economic, Social and Cultural Rights, in its General Comment No. 4 (1991) considered that instances of forced eviction were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law (E/1992/23. annex III, para. 18), Taking note the observations of the Committee on Economic, Social and Cultural Rights concerning forced evictions, in which the Committee clearly equated this practice with violations of the obligations arising under the Covenant on Economic, Social and Cultural Rights, Recalling that forced evictions are unacceptable under international human rights law, unless accompanied by all necessary legal and other safeguards, including due process, when carried out against any persons, notwithstanding their tenure status, Taking note of the explicit recommendations concerning the practice of forced evictions contained in the final report of the Special Rapporteur on the right to adequate housing (E/CN.4/Sub.2/1995/12, chap. VIII), Noting the provisions on forced evictions contained in the Habitat Agenda (A/CONF.165/14) adopted by the United Nations Conference on Human Settlements (Habitat II) convened in Istanbul, in June 1996, Aware of the many similarities between the phenomena of forced evictions, internal displacement, population transfer, mass expulsions, mass exodus, â&#x20AC;&#x153;ethnic cleansingâ&#x20AC;? and other practices involving the coerced and involuntary movement of people from their homes, lands and communities, 1. Reaffirms that the practice of forced eviction constitutes a gross violation of a broad range of human rights, in particular the right to adequate housing, the right to remain, the right to food, the right to freedom of movement, the right to privacy, the right to security of the home, the right to security of the person, the right to security of tenure, the right to equality of treatment and a variety of additional rights;

FORCED EVICTIONS AND HUMAN RIGHTS

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2. Strongly urges Governments to undertake immediate measures at all levels aimed at eliminating the practice of forced eviction, through, inter alia, immediately renouncing existing plans involving forced evictions, repealing legislation allowing forced evictions and ensuring the right to security of tenure to all citizens and other residents; 3. Also strongly urges Governments to confer legal security of tenure on all persons, in particular those currently threatened with forced eviction, and to adopt all necessary measures giving full protection against forced eviction based upon effective participation, consultation and negotiation with affected persons or groups; 4. Recommends that all Governments provide immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their wishes, rights and needs, to persons and communities that have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups, and recognizing the obligation to ensure such provision in the event of any forced eviction; 5. Invites all international financial, trade, development and other related institutions and agencies to take fully into account the views contained in the present resolution and other pronouncements under international human rights and humanitarian law on the practice of forced eviction; 6. Requests the High Commissioner on Human Rights to give due attention to the practice of forced eviction in discharging his responsibilities and to undertake measures, whenever possible, to persuade Governments to halt planned forced evictions and to ensure the provision of adequate compensation when evictions have already occurred; 7. Requests the United Nations Centre for Human Settlements (Habitat) in implementing its housing rights strategy (HS/C/15/INF.7) and the Habitat Agenda (A/CONF.165/14) adopted by the United Nations Conference on Human Settlements (Habitat II) to do everything within its power to prevent the practice of forced evictions by, inter alia, using the good offices of the Secretary-General to persuade Governments to refrain from carrying out forced evictions and by compiling annual lists of all eviction cases brought to its attention; 8. Requests the Secretary-General, in accordance with Economic and Social Council decision 1996/290 of 24 July 1996 to convene an expert seminar on the practice of forced evictions and the relationship of this practice to internationally recognized human rights, with a view to developing a set of comprehensive human rights guidelines on forced evictions, including development-based displacement and forced evictions carried out in conjunction with international events, prior to the forty-ninth session of the Sub-Commission; 9. Requests the Secretary-General to submit the report of the expert seminar and the aforementioned guidelines to the Sub-Commission at its forty-ninth session; 10. Decides to consider the issue of forced evictions at its forty-ninth session under the agenda item entitled â&#x20AC;&#x153;The realization of economic, social and cultural rightsâ&#x20AC;? and to determine how most effectively to continue its consideration of the issue of forced evictions. Adopted by consensus on 29 August 1996

FORCED EVICTIONS AND HUMAN RIGHTS

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6.5

Resolution 1995/29 on Forced Evictions

The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolutions 1991/12 of 26 August 1991, 1992/14 of 27 August 1992, 1993/41 of 26 August 1993 and 1994/39 of 26 August 1994, Recalling also Commission on Human Rights resolution 1993/77 of 10 March 1993, Recalling further the analytical report on forced evictions prepared by the Secretary-General (E/CN.4/1994/20), Reaffirming that every woman, man and child has the right to a secure place to live in peace and dignity, which includes the right not to be evicted from oneâ&#x20AC;&#x2122;s home, land or community, Recognizing that the often violent practice of forced eviction involves the coerced and involuntary removal of persons, families and groups from their homes, lands and communities, whether or not deemed legal under prevailing systems of law, resulting in greater homelessness and inadequate housing and living conditions, Disturbed that forced evictions and homelessness intensify social conflict and inequality and almost invariably affect the poorest, most socially, economically, environmentally and politically disadvantaged and vulnerable sectors of society, Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a range of actors, all of which possess legal obligations to refrain from such practices, Aware also that discriminatory motivations are the actual basis behind a large number of forced evictions, Emphasizing that ultimate legal and political responsibility for preventing forced evictions rests with Governments, Recalling that General Comment No. 2 (1990) on international technical assistance measures, adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which involve, among other things, large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation (E/1990/23, annex III, para. 6), Mindful of the questions concerning forced eviction included in the guidelines for Statesâ&#x20AC;&#x2122; reports submitted in conformity with article 16 and 17 of the International Covenant on Economic, Social and Cultural Rights (E/1991/23, annex IV), Noting with appreciation that the Committee on Economic, Social and Cultural Rights, in its General Comment No. 4 (1991) considered that instances of forced eviction were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law (E/1992/23. annex III, para. 18),

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

Taking note of the observations of the Committee on Economic, Social and Cultural Rights concerning forced evictions, in which the Committee clearly equated this practice with violations of the obligations arising under the Covenant on Economic, Social and Cultural Rights, Recalling that forced evictions are unacceptable under international human rights law, unless accompanied by all necessary legal and other safeguards, including due process, when carried out against any persons, notwithstanding their tenure status, Solomon Islands, January 1999 ÂŠ Scott Leckie

Taking note of the explicit recommendations concerning the practice of forced evictions contained in the final report of the Special Rapporteur on the right to adequate housing (E/CN.4/Sub.2/1995/12, chap. VIII), Aware of the many similarities between the phenomena of forced evictions, internal displacement, population transfer, mass expulsions, mass exodus, â&#x20AC;&#x153;ethnic cleansingâ&#x20AC;? and other practices involving the coerced and involuntary movement of people from their homes, lands and communities, 1. Reaffirms that the practice of forced eviction constitutes a gross violation of a broad range of human rights, in particular the right to adequate housing, the right to remain, the right to freedom of movement, the right to privacy, the right to security of the home, the right to security of tenure and a variety of additional rights; 2. Strongly urges Governments to undertake immediately measures, at all levels, aimed at rapidly eliminating the practice of forced eviction, through, inter alia, immediately renouncing existing plans involving forced evictions, repealing legislation allowing forced evictions and ensuring the right to security of tenure to all citizens and other residents; 3. Also strongly urges Governments to confer legal security of tenure on all persons, in particular those currently threatened with forced eviction and to adopt all necessary measures giving full protection against forced eviction, based upon effective participation, consultation and negotiation with affected persons or groups; 4. Recommends that all Governments provide immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their wishes, rights and needs, to persons and communities that have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups, and recognizing the obligation to ensure such provision in the event of any forced eviction; 5. Invites all international financial, trade, development and other related institutions and agencies to take fully into account the views contained in the present resolution, and other pronouncements under international human rights and humanitarian law on the practice of forced eviction; 6. Requests the High Commissioner on Human Rights to give due attention to the practice of forced eviction in discharging his responsibilities and to undertake measures, whenever possible, to persuade governments to repeal planned forced evictions from taking place and to ensure the provision of adequate compensation when evictions have already occurred;

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

7. Requests the United Nations Conference on Human Settlements (Habitat II) to take fully into account the practice of forced evictions as a gross violation of human rights, and to include within the final declaration and plan of action explicit references to the non-acceptability of this practice under international human rights law and concrete measures designed to prevent forced evictions; 8. Requests the United Nations Centre for Human Settlements (Habitat) in implementing its housing rights strategy (HS/C/15/INF.7) to do everything within its power to prevent the practice of forced evictions by, inter alia, using the good offices of the Secretary-General to persuade Governments to refrain from carrying out forced evictions and by compiling annual lists of all eviction cases brought to its attention; 9. Taking note of the report on guidelines for international events and forced evictions (E/CN.4/ Sub.2/1995/13); 10. Requests the Secretary-General to submit an updated report to the Sub-Commission at its forth-eighth session; 11. Also requests the Secretary-General to convene an expert seminar on the practice of forced evictions and the relationship of this practice to internationally recognized human rights, with a view to developing comprehensive human rights guidelines on development-based displacement; 12. Decides to consider the issue of forced evictions at its forty-eighth session under the agenda item entitled â&#x20AC;&#x153;The realization of economic, social and cultural rightsâ&#x20AC;? and determine how most effectively to continue its consideration of the issue of forced evictions. Adopted by consensus on 24 August 1995

6.6

Resolution 1994/39 on Forced Evictions

The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolutions 1991/12 of 26 August 1991, 1992/14 of 27 August 1992 and 1993/41 of 28 August 1993, Recalling also Commission on Human Rights resolution 1993/77 of 10 March 1993, Reaffirming that every woman, man and child has the right to a secure place to live in peace and dignity, Concerned that, according to United Nations statistics, in excess of one billion persons throughout the world are homeless or inadequately housed, and that this number is growing, Recognizing that the practice of forced eviction involves the involuntary removal of persons, families and groups from their homes and communities, resulting in increased levels of homelessness, the loss of livelihood, landlessness, inadequate housing and living conditions and growing levels of poverty, Disturbed that forced evictions and homelessness intensify social conflict and inequality and invariably affect the poorest, most socially, economically, environmentally and politically disadvantaged and vulnerable sectors of society, Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a range of actors,

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

Aware also that racially motivated and other discriminatory motives are behind a large number of forced evictions, Emphasizing that ultimate legal responsibility for preventing forced evictions rests with Governments, Recalling that General Comment No. 2 (1990) on international technical assistance measures, adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which involve, among other things, large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation (E/1990/23, annex III, para. 6), Mindful of the questions concerning forced eviction included in the guidelines for States partiesâ&#x20AC;&#x2122; reports submitted in conformity with articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights (E/1991/23, annex IV), Noting with appreciation that the Committee on Economic, Social and Cultural Rights, in its General Comment No. 4 (1991), considered that instances of forced eviction were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law (E/1992/23, annex III, para. 18), Recalling the conclusions and recommendations contained in the analytical report compiled by the SecretaryGeneral on forced evictions (E/CN.4/1994/20), submitted to the Commission on Human Rights at its fiftieth session, Noting the concluding observations of the Committee on Economic, Social and Cultural Rights at its fifth (1990) to tenth (1994) sessions concerning forced evictions within specific States parties, Noting also the inclusion of forced evictions as one of the primary causes of the international housing crisis in the working paper and the first and second progress reports of the Special Rapporteur on promoting the realization of the right to adequate housing, Mr. Rajindar Sachar (E/CN.4/Sub.2/1992/15, E/CN.4/Sub.2/1993/15 and E/CN.4/Sub.2/1994/20), 1. Reaffirms that the practice of forced eviction constitutes a gross violation of a broad range of human rights, in particular the right to adequate housing; 2. Strongly urges Governments to undertake immediately all necessary measures, at all levels, towards eliminating the practice of forced eviction, in particular those Governments on whose territories forced evictions are currently planned to take place; 3. Also strongly urges Governments to confer legal security of tenure on all persons currently threatened with forced eviction and to adopt all necessary legal, administrative and other measures giving full protection against forced eviction, based upon effective participation, consultation and negotiation with affected persons or groups; 4. Recommends that all Governments provide immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their wishes or needs, to persons and communities that have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups;

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

5. Invites all international financial, trade, development and other related institutions and agencies, in particular those associated with the United Nations, to take fully into account the views contained in the present resolution, and pronouncements under international law on the practice of forced eviction; 6. Invites the Committee on Economic, Social and Cultural Rights to consider adopting a general comment on forced evictions with reference to the specific obligations of States parties as contained in the International Covenant on Economic, Social and Cultural Rights, in particular as they relate to the right to adequate food and housing; 7. Invites all country and thematic rapporteurs of both the Sub-Commission and the Commission on Human Rights to include cases of forced eviction in their respective reports and to seek to monitor consistently the practice of forced evictions as it relates to the countries and themes involved; 8. Invites the treaty bodies to examine forced evictions within the context of their respective mandates; 9. Requests the Preparatory Committee for the United Nations Conference on Human Settlements (Habitat II), to be held in 1996, to address the issue of forced eviction, in particular as a violation of the right to adequate housing, in the agenda, the principles and guidelines and the plan of action to be developed within the framework of the Conference; 10. Requests the Secretary-General, in view of the numerous developments concerning this practice within various programmes of the United Nations, to compile and publish, within the Human Rights Fact Sheet series, a fact sheet on forced evictions and human rights; 11. Requests the Commission on Human Rights to consider how best to proceed with further activities on the question of forced eviction under the agenda item dealing with the realization of economic, social and cultural rights; 12. Requests the Secretary-General, in accordance with paragraph 172 of his analytical report (E/CN.4/ 1994/20), to prepare a series of guidelines on international events and forced evictions; 13. Decides to consider the issue of forced evictions at its forty-seventh session under the agenda item entitled â&#x20AC;&#x153;The realization of economic, social and cultural rightsâ&#x20AC;? and to determine at its forty-seventh session how most effectively to continue its consideration of the issue of forced evictions. Adopted by consensus on 26 August 1994

6.7

Resolution 1991/12 on Forced Evictions

The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its tasks under Commission on Human Rights resolution 8 (XXIII) regarding the question of violations of human rights, Considering that every woman, man and child has the right to a secure place in which to live in peace and dignity,

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

Concerned that, according to United Nations figures, over 1 billion persons throughout the world are homeless or inadequately housed, and that this number is expected to rise, Recalling the recognition and legal foundations of the right to adequate housing in, inter alia, the Universal Declaration on Human Rights (art. 25), the International Covenant on Economic, Social and Cultural Rights (art. 11) and the Convention on the Elimination of All Forms of Racial Discrimination (art. 5), Recalling also General Assembly resolutions 41/146 and 42/146 and resolutions 1986/36, 1987/22 and 1988/24 of the Commission on Human Rights, all entitled ‘Realization of the right to adequate housing’, Deeply concerned that forced evictions continue to be carried out in many States and in occupied territories, affecting millions of people annually, and that with the exception of a few special cases, the vast majority of these acts cannot be justified under human rights law or humanitarian law, Recognising that the practice of forced eviction involves the involuntary removal of persons, families and groups from their homes and communities, resulting in the destruction of the lives and identities of people throughout the world, as well as increasing homelessness, Conscious that Governments often seek to disguise the violence that may be associated with forced evictions by using terms such as ‘cleaning the urban environment’, ‘urban renewal’, ‘overcrowding’ and ‘progress and development’, Disturbed that forced evictions and homelessness intensify social conflict and inequality, and almost invariably affect the poorest, most socially, economically, ecologically and politically disadvantaged and vulnerable sectors of society, while promoting the interests of more powerful social groups, Disturbed also that discrimination based on race, ethnic origin, nationality, gender and social, economic and other status is often the actual motives behind many forced evictions, Conscious that misguided development policies can result in mass forced evictions, Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a number of actors, including, but not limited to occupation authorities, national Governments, local governments, developers, planners, landlords, property speculators, bilateral and international financial institutions and aid agencies, Emphasising that ultimate responsibility for preventing evictions rests with Governments, Concerned that eviction policies are frequently pre-meditated, well-planned actions, often supported by legislation, Encouraged by the increasing attention given to the issue of evictions by the United Nations Committee on Economic, Social and Cultural Rights, notably during its fourth session, at which it was pointed out that housing rights were subject to violation, particularly in the context of evictions, Further encouraged by recent pronouncements made by the United Nations Committee on Economic, Social and Cultural Rights during its fifth session, at which, inter alia, evictions in one country to be incompatible with the right to housing,

FORCED EVICTIONS AND HUMAN RIGHTS

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1. Draws the attention of the Commission on Human Rights to: a - The illegal, null and void character of the establishment of settlements in occupied territories; b - The fact that the practice of forced evictions constitutes a gross violation of human rights, in particular the right to adequate housing; c - The need for immediate measures to be undertaken at all levels aimed at eliminating the practice of forced eviction; 2. Recommends that the Commission on Human Rights encourage Governments to undertake policy and legislative measures aimed at curtailing the practice of forced evictions, including the conferral of legal security of tenure to those currently threatened with forced eviction, based upon effective consultation and negotiation with affected persons and groups; 3. Emphasises the importance of the provision of immediate, appropriate and sufficient compensation and/or alternative accommodation, consistent with the wishes and needs of persons and communities forcibly or arbitrarily evicted, following mutually satisfactory negotiations with the affected person(s) or group(s); 4. Decides to review the matter of forced eviction as a gross and consistent pattern of human rights violations affecting large numbers of people, at its forty-fourth session. Adopted by consensus on 26 August 1991

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

UN COMPREHENSIVE HUMAN RIGHTS GUIDELINES ON DEVELOPMENT-BASED DISPLACEMENT (1997)

From 11-13 June 1997, the United Nations Office of the High Commissioner for Human Rights convened an important Expert Seminar on â&#x20AC;&#x2DC;The Practice of Forced Evictionsâ&#x20AC;&#x2122; in Geneva. This meeting, at which COHRE Executive Director Scott Leckie acted as Rapporteur and COHRE Africa Coordinator Felix Morka acted as Chairperson, adopted a far-reaching document entitled Comprehensive Human Rights Guidelines on Development-Based Displacement. A report on the expert seminar and the full guidelines are contained in UN document: E/CN.4/Sub.2/1997/7. The text of these guidelines is reproduced below.

Preamble Recalling the human rights standards established pursuant to the International Bill of Human Rights, Whereas many international treaties, resolutions, decisions, general comments, judgments and other texts have recognized and reaffirmed that forced evictions constitute violations of a wide range of internationally recognized human rights, Recalling Economic and Social Council decision 1996/290, Commission on Human Rights Resolution 1993/77, and Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1996/27, Reaffirming that under international law every State has the obligation to respect and ensure respect for human rights and humanitarian law, including obligations to prevent violations, to investigate violations, to take appropriate action against violators, and to afford remedies and reparation to victims, Reaffirming that development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom, Whereas the Vienna Declaration and Plan of Action stipulated that while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgment of internationally recognized human rights, Recognizing the widespread nature of the practice of forced evictions and that when forced evictions are carried out this can occur in a variety of contexts including but not limited to conflicts over land rights, development and infrastructure projects, such as the construction of dams or other large-scale energy projects, land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes or macro-urban projects, unbridled speculation in land, and the holding of major international events such as the Olympic Games, Conscious that forced evictions intensify social conflict and inequality and invariably affect the poorest, most socially, economically, and vulnerable sectors of society, specifically women, children, and indigenous peoples,

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

Conscious also of guidelines developed by international financial and other institutions on involuntary displacement and resettlement, Resolved to protect human rights and prevent violations due to the practice of forced evictions,

SECTION ONE: Background issues Scope and Nature of the Guidelines 1. The present Guidelines address the human rights implications of the practice of forced evictions associated with development-based displacement in urban and rural areas. The Guidelines reflect and are consistent with international human rights law and international humanitarian law and should be subject to the widest possible application. 2. Having due regard to all relevant definitions of the practice of forced evictions under international human rights provisions and instruments, the present Guidelines apply to instances of forced evictions in which there are acts and/or omissions involving the coerced and involuntary removal of individuals, groups and communities from their homes and/or lands and common property resources they occupy or are dependent upon, thus eliminating or limiting the possibility of an individual, group or community residing or working in a particular dwelling, residence or place. 3. While there are many similarities between the practice of forced evictions and internal displacement, population transfer, mass expulsions, mass exodus, ethnic cleansing and other practices involving the coerced and involuntary movement of people from their homes, lands and communities, forced evictions constitute a distinct practice under international law. Persons, groups and communities subjected to or threatened with forced evictions form, therefore, a distinct group under international human rights law. 4. Forced evictions constitute prima facie violations of a wide range of internationally recognized human rights and can only be carried out under exceptional circumstances and in full accordance with the present Guidelines and relevant provisions of international human rights law.

SECTION TWO: General obligations 5. While forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a variety of distinct actors, responsibility for forced evictions under international law, ultimately, is held by States. This does not, however, relieve other entities from obligations in this regard, in particular occupying powers, international financial and other institutions or organizations, transnational corporations and individual third parties, including public and private landlords or land owners. 6. States should apply appropriate civil or criminal penalties against any person or entity, within its jurisdiction, whether public or private, who carries out any forced evictions, not in full conformity with applicable law and the present Guidelines. 7. States should object, through the appropriate international legal mechanisms, to the carrying out of forced evictions in other States when such forced evictions are not in full conformity with the present Guidelines and relevant provisions of international human rights law.

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

8. States should ensure that international organizations in which they are represented refrain from sponsoring or implementing any project, programme or policy which may involve the carrying out of forced evictions not in full conformity with international law and the present Guidelines.

SECTION THREE: Specific preventative obligations The Obligation of Maximum Effective Protection 9. States should secure by all appropriate means, including the provision of security of tenure, the maximum degree of effective protection against the practice of forced evictions for all persons under their jurisdiction. In this regard, special consideration should be given to the rights of indigenous peoples, children and women, particularly female-headed households and other vulnerable groups. These obligations are of an immediate nature and are not qualified by resource-related considerations. 10. States should refrain from introducing any deliberately retrogressive measures with respect to de jure or de facto protection against forced evictions. 11. States should ensure that adequate and effective legal or other appropriate remedies are available to any persons claiming that his/her right of protection against forced evictions has been violated or is under threat of violation. 12. States should ensure that eviction impact assessments are carried out prior to the initiation of any project which could result in development-based displacement, with a view to fully securing the human rights of all potentially affected persons, groups and communities. The Obligation to Prevent Homelessness 13. States should ensure that no persons, groups or communities are rendered homeless or are exposed to the violation of any other human rights as a consequence of a forced eviction. The Obligation to Adopt Appropriate Measures of Law and Policy 14. States should carry out comprehensive reviews of relevant national legislation with a view to ensuring the compatibility of such legislation with the norms contained in the present Guidelines and other relevant international human rights provisions. In this regard, special measures shall be taken to ensure that no forms of discrimination, statutory or otherwise, are applied in relation to property rights, housing rights and access to resources. 15. States should adopt appropriate legislation and policies to ensure the protection of individuals, groups and communities from forced eviction, having due regard to their best interests. States are encouraged to adopt constitutional provisions in this regard. The Obligation to Explore All Possible Alternatives 16. States should fully explore all possible alternatives to any act involving forced eviction. In this regard, all affected persons, including women, children and indigenous peoples shall have the right to all relevant information and the right to full participation and consultation throughout the entire process and to propose any alternatives. In the event that agreement cannot be reached on the proposed alternative by the affected persons, groups and communities and the entity proposing the forced eviction in question, an independent body, such as a court of law, tribunal, or ombudsman may be called upon.

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The Obligation to Expropriate Only as a Last Resort 17. States should refrain, to the maximum possible extent, from compulsorily acquiring housing or land, unless such acts are legitimate and necessary and designed to facilitate the enjoyment of human rights through, for instance, measures of land reform or redistribution. If, as a last resort, States consider themselves compelled to undertake proceedings of expropriation or compulsory acquisition, such action shall be: (a) determined and envisaged by law and norms regarding forced eviction, in so far as these are consistent internationally recognized human rights; (b) solely for the purpose of protecting the general welfare in a democratic society; (c) reasonable and proportional and (d) in accordance with the present Guidelines.

SECTION FOUR: The rights of all persons Integrity of the Home 18. All persons have the right to adequate housing which includes, inter alia, the integrity of the home and access to and protection of common property resources. The home and its occupants shall be protected against any acts of violence, threats of violence or other forms of harassment, in particular as they relate to women and children. The home and its occupants shall further be protected against any arbitrary or unlawful interference with privacy or respect of the home. Assurances of Security of Tenure 19. All persons have a right to security of tenure which provides sufficient legal protection from forced eviction from oneâ&#x20AC;&#x2122;s home or land. 20. The present Guidelines shall apply to all persons, groups and communities irrespective of their tenure status.

SECTION FIVE: Legal remedies 21. All persons threatened with forced eviction, notwithstanding the rationale or legal basis thereof, have the right to: a - a fair hearing before a competent, impartial and independent court or tribunal b - legal counsel, and where necessary, sufficient legal aid c - effective remedies 22. States should adopt legislative measures prohibiting any forced evictions without a court order. The court shall consider all relevant circumstances of affected persons, groups and communities and any decision be in full accordance with principles of equality and justice and internationally recognized human rights. 23. All persons have a right to appeal any judicial or other decisions affecting their rights as established pursuant to the present Guidelines, to the highest national judicial authority. Compensation 24. All persons subjected to any forced eviction not in full accordance with the present Guidelines, should have a right to compensation for any losses of land, personal, real or other property or goods, including rights or interests in property not recognized in national legislation, incurred in connection with a forced eviction. Compensation should include land and access to common property resources and should not be restricted to cash payments.

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Restitution and Return 25. All persons, groups and communities subjected to forced evictions have the right to, but shall not be forced to return to their homes, lands or places of origin. Resettlements 26. In full cognizance of the contents of the present Guidelines there may be instances in which, in the public interest, or where the safety, health or enjoyment of human rights so demands, particular persons, groups and communities may be subject to resettlement. Such resettlement must occur in a just and equitable manner and in full accordance with law of general application. 27. All persons, groups and communities have the right to suitable resettlement which includes the right to alternative land or housing, which is safe, secure, accessible, affordable and habitable. 28. In determining the compatibility of resettlement with the present Guidelines, States should ensure that in the context of any case of resettlement the following criteria are adhered to: a - No resettlement shall take place until such a time that a full resettlement policy consistent with the present Guidelines and internationally recognized human rights is in place. b - Resettlement must ensure equal rights to women, children and indigenous populations and other vulnerable groups including the right to property ownership and access to resources. Resettlement policies should include programmes designed for women with respect to education, health, family welfare and employment opportunities. c - The actor proposing and/or carrying out the resettlement shall be required by law to pay for any costs associated therewith, including all resettlement costs. d - No affected persons, groups or communities, shall suffer detriment as far as their human rights are concerned nor shall their right to the continuous improvement of living conditions be subject to infringement. This applies equally to host communities at resettlement sites, and affected persons, groups and communities subjected to forced eviction. e - That affected persons, groups and communities provide their full and informed consent as regards the relocation site. The State shall provide all necessary amenities and services and economic opportunities. f - Sufficient information shall be provided to affected persons, groups and communities concerning all State projects as well as to the planning and implementation processes relating to the resettlement concerned, including information concerning the purpose to which the eviction dwelling or site is to be put and the persons, groups or communities who will benefit from the evicted site. Particular attention must be given to ensure that indigenous peoples, ethnic minorities, the landless, women and children are represented and included in this process. g - The entire resettlement process should be carried out in full consultation and participation with the affected persons, groups and communities. States should take into account in particular all alternate plans proposed by the affected persons, groups and communities.

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h - If after a full and fair public hearing, it is found that there is a need to proceed with the resettlement, then the affected persons, groups and communities shall be given at least ninety (90) days notice prior to the date of the resettlement; and i - Local government officials and neutral observers, properly identified, shall be present during the resettlement so as to ensure that no force, violence or intimidation is involved.

SECTION SIX: Monitoring 29. The United Nations High Commissioner for Human Rights and other United Nations human rights institutions should seek by all possible means to secure full compliance with the present Guidelines.

SECTION SEVEN: Savings Savings Clause 30. The provisions contained within the present Guidelines are without prejudice to the provisions of any other international instrument or national law which ensures the enjoyment of all human rights as they relate to the practice of forced evictions.

FORCED EVICTIONS AND HUMAN RIGHTS

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NATIONAL LEGAL PROTECTION AGAINST FORCED EVICTIONS

Attention to the human rights dimensions of the practice of forced evictions has not been isolated to the international texts examined above. National and local laws in numerous countries aim to regulate the forced evictions and are fundamental in the global struggle against displacement. This section of Sources No. 3 contains several examples of domestic laws in various countries and shows how diverse countries have used legislation as a means of promoting housing rights and preventing forced evictions.

8.1

South Africa

Constitution Article 26(3) of the 1996 South African Constitution addresses evictions in the following manner: â&#x20AC;&#x153;No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictionsâ&#x20AC;?. Restitution of Land Rights Act (1994) (Act No. 16106) Act: To provide for the restitution of rights in land in respect of which persons or communities were dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith. Whereas the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), provides for the restitution of a right in land to a person or community dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; And Whereas legislation for this purpose is to be designed to promote the protection and advancement of persons, groups or categories of person disadvantaged by unfair discrimination, in order to promote their full and equal enjoyment of rights in land: ... Section 2 - Enforcement of claim for restitution 1 - A person shall be entitled to enforce restitution of a right in land if a - he or she is a person or community contemplated in section 121(2) of the Constitution or a direct descendant of such a person; and b - the claim for such restitution is lodged within three years after a date fixed by the Minister by notice in the Gazette. 2 - The date contemplated in subsection (1), shall be a date not earlier than the earliest of the dates contem plated in section 43. 3 - The date contemplated in section 121(2)(a) of the Constitution is 19 June 1913. Section 3 - Claims against nominees Subject to the provisions of this Act a person shall be entitled to claim land title in land if such claimant or his, her or its antecedent -

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a - was prevented from obtaining or retaining title to the claimed land because of a law which would have been inconsistent with the prohibition of racial discrimination contained in section 8(2) of the Constitution had that subsection been in operation at the relevant time; and b - proves that the registered owner of the land holds title as a result of a transaction between such registered owner or his, her or its antecedents and the claimant or his, her or its antecedents, in terms of which such antecedents. Section 4 - Establishment of Commission on Restitution of Land Rights 1 - There is hereby established a commission to be known as the Commission on Restitution of Land Rights. ... ... Section 10 - Lodgement of claims 1 - Any person or the representative of any community who is of the opinion that he or she or the community which he or she represents is entitled to claim restitution of a right in land as contemplated in section 121 of the Constitution, may lodge such claim, which shall include a description of the land in question, and the nature of the right being claimed, on the form prescribed for this purpose by the Chief Land Claims Commissioner under section 16. ... Section 22 - Land Claims Court 1 - There shall be a court of law to be known as the Land Claims Court which, in addition to the powers contemplated in section 123 of the Constitution, shall have the power a - to determine restitution of any right in land in accordance with this Act; b - to determine compensation in terms of this Act; c - in respect of a claim in terms of section 3, to determine the person entitled to ownership; d - to determine all other matters which require to be determined in terms of sections 121, 122 and 123 of the Constitution. 2 - The Court shall have jurisdiction throughout the Republic and shall have all the ancillary powers necessary or reasonably incidental to the performance of its functions, including the power to grant interlocutory orders and interdicts. ... Section 33 - Factors to be taken in account by court In considering its decision in any particular matter, excluding the review of a decision in terms of section 15, the Court shall, in addition to the matters referred to in section 121, 122 and 123 of the Constitution, have regard to the following factors: a - The desirability of providing for restitution of rights in land or compensation to people who were dispossessed of their rights in land as a result of or in pursuance of racially based discriminatory laws; b - the desirability of remedying past violations of human rights; c - the requirements of equity and justice; d - the desirability of avoiding major social disruption; e - any provision which already exists, in respect of the land in question in any matter, for that land to be dealt with in a manner which is designed to achieve the goals contemplated in section 8(3)(a) of the Constitution; f - any other factor which the Court may consider relevant and consistent with the spirit and objects of the Constitution and in particular the provisions of section 8 of the Constitution.

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8.2

Philippines

Constitution (1986) Article 13 1 - Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use and disposition of property and its increments. 9 - The State shall by law, and for the common good, undertake, in co-operation with the private sector, a continuing programme of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centres and resettlement areas. It shall also promote adequate employment opportunity to such citizens. In the implementation of such programs the State shall respect the rights of small property owners. 10-Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be resettled.

The Urban Development and Housing Act of 1992 (Republic Act No. 7279) Section 2 - Declaration of State Policy and Program Objectives: It shall be the policy of the State to undertake, in cooperation with the private sector, a comprehensive and continuing Urban Development and Housing Program, hereinafter referred to as the Program, which shall: in urban areas and in resettlements areas by making available to them decent housing at affordable cost, basic services, and employment opportunities; b - Provide for the rational use and development of urban land in order to bring about the following: 1 - Equitable utilization of residential lands in urban and urbanizable areas with particular attention to the needs and requirement of the underprivileged and homeless citizens and not merely on the basis market forces; 2 - Optimization of the use and productivity of land and urban resources; 3 - Development of urban areas conducive to commercial and industrial activities which can generate more economic opportunities for the people; 4 - Reduction in urban dysfunctions, particularly those that adversely affect public health, safety and ecology; and 5 - Access to land and housing by the underprivileged and homeless citizens; c - Adopt workable policies to regulate and direct urban growth and expansion towards a dispersed urban net and more balanced urban-rural interdependence; d - Provide for an equitable land tenure system that shall guarantee security of tenure to program beneficiaries but shall respect the rights of small property owners and ensure the payment of just compensation; e - Encourage more effective peoplesâ&#x20AC;&#x2122; participation in the urban development process; and f - Improve the capability of local government units in undertaking urban development and housing programs and projects.

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Section 3 - Definition of Terms: For the purposes of this Act: l - “On-site development” refers to the process of upgrading and rehabilitation of blighted and slum urban areas with a view to minimizing displacement of dwellers in said areas, and with provisions for basic services as provided for in Section 21 hereof; ... n - “Resettlement areas” refers to areas identified by the appropriate national agency or by the local government unit with respect to areas within its jurisdiction, which shall be used for the relocation of the under privileged and homeless citizens; o - “Security of tenure” refers the degree of protection afforded to qualified Program beneficiaries against infringement or unjust, unreasonable and arbitrary eviction or disposition by virtue of the right of ownership, lease agreement, usufruct and other contractual arrangements. ... t - “Underprivileged and homeless citizens” refers to the beneficiaries of this Act and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the National Economic and Development Authority and who do not own housing facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure. ...

Chapter II Section 7 - Inventory of Lands Within one (1) year from the effectivity of this Act, all city and municipal governments shall conduct an inventory of all lands and improvements thereon within their respective localities. ... Section 9 - Priorities in the Acquisition of Land Lands for socialized housing shall be acquired in the following order: a - Those owned by the Government or any of its subdivisions, instrumentalities, or agencies, including government-owned or -controlled corporations and their subsidiaries; b - Alienable lands of the public domain; c - Unregistered or abandoned and idle lands; d - Those within the declared Areas for Priority Development, Zonal Improvement Program sites, and Slum Improvement and Resettlement Program sites which have not yet been acquired; e - Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet been acquired; and f - Privately-owned lands. Where on-site development is found more practicable and advantageous to the beneficiaries, the priorities mentioned in this section shall not apply. The local government units shall give budgetary priority to on-site development of government lands. Section 10 - Modes of Land Acquisition The modes of acquiring lands for purposes of this Act shall include, among others, community mortgage, land swapping, land assembly or consolidation, land banking, donation to the Government, joint-venture agreement, negotiated purchase, and expropriation; Provided however, That expropriation shall be resorted to only when other modes of acquisition have been exhausted. Provided further, That where expropriation is resorted to,

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parcels of land owned by small property owners shall be exempted for purposes of this Act; Provided finally, That abandoned property, as herein defined, shall be reverted and escheated to the State in a proceeding analogous to the procedure laid down in Rule 91 of the Rules of Court. For the purpose of socialized housing, government-owned and foreclosed properties shall be acquired by the local government units, or by the National Housing Authority primarily through negotiated purchase; Provided, That qualified beneficiaries who are actual occupants of the land shall be given the right of first refusal. Section 11 - Expropriation of Idle Lands All idle lands in urban and urbanizable areas, as defined and identified in accordance with this Act, shall be expropriated and shall form part of the public domain. These lands shall be disposed of or utilized by the Government for such purposes that conform with their land use plans. Expropriation proceedings shall be instigated if, after the lapse of one (1) year following receipt of notice of acquisition, the owner fails to introduce improvements as defined in Section 3 (f) hereof, except in the case of force majure and other fortuitous events. Exempted from this provision, however, are residential lands owned by small property owners or those the ownership of which is the subject of a pending litigation. Section 14 - Limitations on the Disposition of Lands for Socialized Housing No land for socialized housing, including improvements or rights thereon, shall be sold, alienated, conveyed, encumbered or leased by any beneficiary of this Program except to qualified program beneficiaries as determined by the government agency concerned. Section 15 - Policy Socialized housing, as defined in Sec. 3 hereof, shall be the primary strategy in providing shelter for the underprivileged and homeless. However, if the tenurial arrangement in a particular socialized housing program is in the nature of leasehold or usufruct, the same shall be transitory and the beneficiaries must be encouraged to become independent from the Program within a given period of time, to be determined by the implementing agency concerned. Section 18 - Balanced Housing Developments The Program shall include a system to be specified in the Framework plan whereby developers of proposed subdivision projects shall be required to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total subdivision area or total subdivision cost, at the option of the developer, within the same city or municipality, whenever feasible, and in accordance with the standards set by the Housing and Land Use Regulatory Board and other existing laws. Section 22 - Livelihood Component To the extent feasible, socialized housing and resettlement projects shall be located near areas where employment opportunities are accessible. The government agencies dealing with the development of livelihood programs and grant of livelihood loans shall give priority to the beneficiaries of the program. Section 26 - Urban Renewal and Resettlement This shall include the rehabilitation and development of blighted and slum areas and the resettlement of program beneficiaries in accordance with the provision of this Act. On-site development shall be implemented whenever possible in order to ensure minimum movement of occupants of blighted lands and slum areas. The resettlement of the beneficiaries of the program from their existing places of occupancy shall be undertaken only when on-site development is not feasible and after compliance with the procedure laid down in Section 28 of this Act.

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Section 28 - Eviction and Demolition Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: a - When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, river banks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; b - When government infrastructure projects with available funding are about to be implemented; or c - When there is a court order for eviction and demolition. In the execution of eviction or demolition order involving underprivileged and homeless citizens, the following shall be mandatory: 1 - Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition; 2 - Adequate consultations on the matter of resettlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated; 3 - Presence of local government officials or their representatives during eviction or demolition; 4 - Proper identification of all persons taking part in the demolition; 5 - Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise; 6 - No use of heavy equipment for demolition except for structures that are permanent and of concrete materials; 7 - Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and 8 - Adequate relocation, whether temporary or permanent. Section 29 - Resettlement Within two (2) years from the effectivity of this Act, the local government units, in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places such as sidewalks, roads, parks, and playgrounds. The local government units, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of affected families. Section 31 - Community Mortgage Program - Definition The Community Mortgage Program (CMP) is a mortgage financing program of the National Home Mortgage Finance Corporation which assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership. The primary objective of the program is to assist residents of blighted or depressed areas to own the lots they occupy, or where they choose to relocate to, and eventually improve their neighborhood and homes to the extent of their affordability. Section 43 - Socialized Housing Tax Consistent with the constitutional principle that the ownership and enjoyment of property bear a social function and to raise funds for this Program, all local government units are hereby authorized to impose an additional onehalf percent (0.5%) tax on the assessed value of all lands in urban areas in excess of Fifty thousand pesos ((P50,000.00).

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Section 44 - Moratorium on Eviction and Demolition. There shall be a moratorium on the eviction of all Program beneficiaries and on the demolition of their houses or dwelling units for a period of three (3) years from the affectivity of this Act: Provided, That the moratorium shall not apply to those persons who have constructed their structures after the affectivity of this Act and for cases enumerated in Section 28 hereof. Implementing Rules and Regulations to Ensure the Observance of Proper and Humane Relocation and Resettlement Procedures Mandated by the Urban Development and Housing Act 7279 of 1992 Section 4 - Eviction and Demolition Pursuant to a Court Order In cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unity concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from the service of notice of final judgment by the court, after which period the order shall be executed: Provided further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned. Section 6 - Penalty Clause Any person who violates any provision of R.A. 7279 shall be imposed the penalty of not more than six (6) years of imprisonment or a fine of not less than five thousand pesos (P5,000.00) but not more than one hundred thousand pesos (P100,000) or both at the discretion of the court; Provided, That if the offender is a corporation, partnership, association, or juridical entity, the penalty shall be imposed on the officer or officers of said corporation, partnership, association or juridical entity who caused the violation. Section 7 - Venue for Grievance Complaints of violation of these Implementing Rules and regulations against local government executives shall be filed and prepared in accordance with section 671 of the Local Government Code of 1991 (R.A. 7160), thru the Department of Interior and Local Government. Complaints against subordinate officials falling with the administrative jurisdiction of the local chief executives shall be filed with the office of the local chief executive concerned who shall cause to institute administrative or judicial proceedings against any subordinate official or employee who may have committed an offense in violation hereof of the Act itself. In all instances, the aggrieved party may file his complaints directly with a court of competent jurisdiction pursuant to Section 45 of R.A. 7279.

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8.3

India

Madhya Pradesh Act No. 15 (1984) (Slum Dwellers Protection Act) Section 3 - Settlement of Land 1 - Notwithstanding anything contained in any law for the time being in force, the land occupied by a landless person in any urban area on the 10th day of April 1984 shall subject to the provisions of sub-section (2) be deemed to have been settled in his favour on the said date. 2 - The Authorized Officer may either settle the land in actual occupation of the landless person not exceeding 50 sqr. metres in leasehold rights in his favour any other land up to 50 sqr. metres. 3 - The leasehold rights accrued under sub-section (1) shall not be transferable by sub-lease or in any other manner Slum-dweller, Mumbai, India, August 1994 ÂŠ Sijmen Hendriks whatsoever except by inheritance. 4 - If the landless person to whom leasehold rights have accrued in respect of any land under this Act, transfers such land on contravention of the provisions of sub-section (3), the following consequences shall ensue, namely--(i) the lease shall stand canceled on the date of such transfer; (ii) such transfer shall be null and void; (iii) no leasehold rights shall accrue to the transferee in respect of such land. Section 4 - Restoration of Possession 1 - If any landless person to whom leasehold rights have accrued in the land under section 3 is dispossessed from that land or any part thereof otherwise than in due course of law, the Authorized Officer shall on an application made to him by the said landless person within six months from the date of dispossession restore such possession... Section 5 - Penalty 1 - Any person who--(i) wrongfully dispossesses or attempts to dispossess an occupier of a dwelling house; or (ii) recovers or attempts to recover rent in any manner from an occupier of dwelling house--shall be punished with rigourous imprisonment which shall not be less than three months. ...

8.4

France

Law 90/449 of 31 May 1990 (visant ĂĄ la mise en oeuvre du droit au logemont) Article 1 The guarantee of a right to housing constitutes a duty of solidarity for the nation as a whole. Any person or family finding difficulties because of the inability of his resources to meet his needs has the right to collective assistance under conditions fixed by law that will ensure access to decent and independent housing where he can maintain himself.

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Article 4 The departmental plan, established for a definite duration, define the categories of persons who in enforcement of the first article, can be called to benefit from it; This plan must grant priority to persons and families without any accommodation or those threatened with eviction who have nowhere to move, or those living in slums, precarious or insalubrious dwellings or improvised accommodation; The plan analyses the needs and basic salary, per housing pool of inhabitants, the objectives to guarantee the attainment of housing by the centralisation of their requests for housing, the creation of a supplementary offer of houses and the establishment of financial aid and accompanying specific social measures The departmental plan is made public by the President of the General Counsel and the Representatives of the State in the department in accordance with opinions of the Departmental Council of Integration.

8.5

United Kingdom

Protection From Eviction Act (1977, as amended by section 29 of the Housing Act 1988) Section 1 1 - In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises. 2 - If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believe, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises. 3 - If any person with intent to cause the residential occupier of any premises-a - to give up the occupation of the premises or any part thereof, or b - to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof; c - does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence he shall be guilty of an offence. 3a -Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if-a - he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or b - he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence. and (in either case) he knows, or has reasonable cause to believe, that the conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole part of the premises. b 3 -A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. 3c -In subsection (3A) above, “landlord”, in relation to a residential occupier of any premises, means the person who, but for--

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a - the residential occupier’s right to remain in occupation of the premises, or b - a restriction on the person’s right to recover possession of the premises, would be entitled to occupation of the premises and any superior landlord under whom that person derives title. 4 - A person guilty of an offence under this section shall be liable-a - on summary conviction, to a fine not exceeding the prescribed sum or to imprisonment for a term not exceeding six months or to both; b - on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. Housing Act (1988) Section 5 1 - An assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the court in accordance with the following provisions of this Chapter or Chapter II below or, in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power and accordingly, the service by the landlord of a notice to quit shall be of no effect in relation to a periodic assured tenancy. 2 - If an assured tenancy which is a fixed term tenancy comes to an end otherwise than virtue of a - an order of the court, or b - a surrender or other action on the part of the tenant, then ... the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and .... his right to possession shall depend upon a periodic tenancy arising by virtue of this section. Section 27 a - This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any preemies of his occupation of the whole or part of the premises. 2 - This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default-a - attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or b - knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises-i - to give up his occupation of the premises or any part thereof, or ii - to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof,does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, and, as a result, the residential occupier gives up his occupation of the premises as a residence. 3- Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below. 4 - Any liability arising by virtue of subsection (3) above-a - shall be in the nature of a liability in tort; and b - subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise). c - Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart

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from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of his section on account of the same loss.

8.6

Russian Federation

Constitution Article 40(1) of the 1993 Constitution of the Russian Federation, states: “Each person has the right to housing. No one may be arbitrarily deprived of housing”. Law of the Russian Federation on Basic Principles of Federal Housing Policy Law (1992) Preamble Determines basic principles of exercising [the] constitutional right of citizens of the Russian Federation for housing under new social and economic conditions, establishes [the] general basis for legal regulation of housing relationships ... [and] development of diverse forms of property and types of real estate in [the] housing sector. The goal of federal housing policy is to ensure social guarantees for the right to citizens for housing, to accomplish construction and rehabilitation of state, municipal and private housing stock; to create conditions for the attraction of non-budget sources of financing...; to develop private property, to protect entrepreneurs and owners rights in the housing sector; and to promote competition in construction, repair and maintenance of the housing stock, manufacture of building materials, articles and goods to furnish houses. Article 2 - Citizens of the Russian Federation have the right to housing This right is exercised through providing residential units in state and municipal housing stock ... with the social norms of residential floor space, as well as through rent, purchase or construction of housing at one’s own expense without any limit to floor space. To citizens who are not provided with housing according to the established norms, the state renders assistance through developing construction of buildings of state and municipal stock intended for providing residential premises under [lease], as well as through the system of compensations (subsidies) and privileges on payment of construction, maintenance and repair of housing. Article 15 Where the government evicts a tenant in state housing for nonpayment of rent or utilities, the government must provide the tenant with alternative living accommodations within the hostel norm. ...

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VIOLENCE AGAINST WOMEN AND FORCED EVICTIONS

Women experience violence as a result of forced eviction in a number of ways and as a result of a variety of incidents during the entire eviction process. In order to fully understand the violence that many women suffer as a result of forced eviction, it is essential that the term “violence” is understood in its broadest sense, so that violence can be recognized where it has not necessarily been seen and recognized before. This means that not only must we accept that violence can be physical as well as psychological, we must recognize that it can also be “structural” and that it may extend to: the damage done to a woman’s livelihood, the destruction of her relationships and social support mechanisms, the emotional strain and stress imposed directly on her and within her family, the disruption of her interaction with her community, and the harm to her identity. As J. Oloka-Onyango states: ... an expansive definition of the term “violence”, which as Nahid Toubia reminds us, must be viewed not only as a series of commissions, but also omissions, which amount to a failure to recognize the existence of fundamental human rights of women. The structural, as opposed to physical violence, can produce several different effects on women and thus on the exercise or realizations of their human rights. Structural violence, extending from poor nutrition, inadequate health care (including a lack of contraceptives, coerced sterilization and forced abortions, to mention only a few factors) to limited access to education and other resources, combine to create a situation of severe discrimination against women which international law has yet to address in a forthright fashion. While all of these are problems common to a situation of stability, they are doubly problematic in conditions of flight and displacement. [Emphasis added].1 And so, to recognize what actually constitutes violence against women in the eviction process we must closely examine how women experience the various elements of an eviction as well as the impact of those elements on her throughout the entire eviction process (pre, mid and post). It is somewhat artificial to divide the eviction process into time periods in assessing the violence women experience, given that the effects of violence suffered at one stage likely carry over into the following stage and may, in fact, have long-lasting implications. At the same time, however, a temporal delineation of the eviction process may assist in exposing the various types of violence women experience throughout the eviction process. Therefore, for clarity sake, and using the case studies where appropriate, what follows is an overview of some of the violence women experience at each of the three “stages” of an eviction. Pre-Eviction Violence During the pre-eviction phase, beyond the everyday structural violence with these mostly poor women must contend, the violence women experience is largely psychological, though as some women attempt to negotiate with their potential evictors, physical violence may ensue. The threat of forced eviction, the waiting and uncertainty, heightens feelings of instability, rendering what might already be precarious living conditions even more tenuous. Not surprisingly, housing instability of this nature results in increased levels of anxiety, particularly for women who are often the emotional centre and stabilizing force of the family. In turn, the threat of forced eviction requires many women to simultaneously cope with their own anxiety and stress whilst trying to protect the rest of the family from more violence by creating an atmosphere of warmth, caring and security within the home. 1 J.Oloka-Onyango, “The Plight of the Larger Half: Human Rights, Gender Violence and the Legal Status of Refugee and Internally Displaced Women in Africa”, (1996) 24 Denver Journal of Intl Law and Policy 349, 382-383.

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Coupled with anxiety, many women become extremely depressed with the knowledge that their home and workplace may soon be destroyed. Many of those affected by forced eviction will have used much of their earnings to build their homes and they face losing all of their savings once the eviction occurs. At the same time, the threat of forced eviction provokes intense anger and a sense of injustice which then fuels active resistance. Sadly, in the face of active resistance to eviction, officials, police and military will often use more force and violence to ensure the success of their actions.2 The prospect of forced eviction directly impinges on a woman’s mobility which ultimately can lead to job loss. That is, in many cases, women who work outside the home are reluctant to leave their home, fearing that their house will be demolished or razed in their absence. In situations of armed conflict, it is often the women who remain at home whilst their husbands, sons and other male relatives are on the front lines fighting or have left the home to seek employment in a city. In turn, it is the women who are confronted by their potential evictors and left to negotiate, argue and fight to defend their homes.

Mid-Eviction Violence The mid-eviction violence experienced by women is predominantly physical in nature though includes psychological violence as well. As we saw in many of the above cited evictions, in the midst of an eviction and/or as a means of implementing the eviction, women are subject to physical violence in its various forms, such as verbal abuse, beatings, rape, killings, burning of personal and real property, and the destruction or dismantling of their homes. The impact on women of rape during forced evictions cannot be underestimated. Beyond the physical and psychological repercussions of rape, particularly rape during forced evictions that occur in an ethnic conflict,3 it should also be noted that women who are raped during a forced eviction (which often occurs during armed conflict situations), are often stigmatized and ostracized from their communities when and if they are able to return. Perceived as having been “tainted” and “poisoned” by the opposing forces, these women are often evicted for a second time, forced to leave their communities and/or suffer the humiliation and abuse of community wrath.4 The atrocious acts that are constituent elements of forced eviction may also be experienced as violence against a woman’s religion. Depending on the nature of the violence suffered by a woman as a result of forced eviction, she may in fact be ostracized from her community on religious grounds. Beyond the violence a woman experiences when she no longer has a place to call home, women undoubtedly experience tremendous psychological violence when they witness their homes and worldly possessions set ablaze or when they are forced - as is sometimes the case - to participate in the dismantling or demolition of their own home. Although technically it is the house that is destroyed, these women stand by watching their life turn to rubble and scattered pieces. It is probable that the short and long term affect of bearing witness to house demolition is acute and significant. 2 This is not to suggest that evictees would be better off if they acquiesced to forced eviction. Regardless of the type of violence used by the evictor, evictees will experience forced eviction as an act of violence. Additionally, resistance may be the only hope evictees have in saving their homes. 3 For example: identity questions, deep depression (which is particularly acute for women who are pregnant as a result of the rape), suicidal tendencies, shame, guilt, eating and sleeping disturbances, powerlessness, difficulties in maintaining or establishing relationships, sexually transmittable diseases, gynaecological problems. See Tamara L. Tompkins, “Prosecuting Rape as a War Crime: Speaking the Unspeakable” (1995) 30 Notre Dame L. Rev. 845. 4 African Rights, (1994) Rwanda: Death, Despair and Defiance at 447 - 449.

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Women also experience extreme psychological trauma and violence as they watch family members (mothers, fathers, husbands, children, sisters, brothers,) being beaten, killed, raped, tortured and abducted. Though women are often able to tell their stories in a matter-offact manner, the pain of their experience is captured in their eyes, their faces.

Post-Eviction Violence It may be that women experience the most violence in the aftermath of eviction for it is at this time that the repercussions of the physical, emotional, psychologiA Palestinian woman in front of her destroyed home in refugee camp Dayr al-balah, Gaza, Palestine cal and structural violence collide. After an eviction, February 1993 © Sijmen Hendriks women are left - most often without state assistance or international aid - to cope with, among other things, their own physical injuries, death of family members, relatives and friends, homelessness/ landlessness, extreme poverty, lack of resources, the destruction of family life and community, the eradication of social support mechanisms and the fear of continued physical violence. In other words, the pre and mid eviction phases place women in particularly disadvantaged social and economic positions which then renders them particularly vulnerable to ongoing physical, structural and psychological violence. What follows is a list of just some of the types of violence with which women must contend in the post-eviction phase. In most cases, those who have been forcibly evicted are not provided alternative housing or land on which they might build a new house. When alternative sites are provided, as is sometimes the case in Burma and Palestine for example, these sites are inadequate as they are often located on infertile land at some distance from the original community, water sources and other resources. As a result, after eviction women are often compelled to relocate and to build new homes “illegally”, on land that allows for continued subsistence. The illegality of these homes means that these women continue to live in an unstable environment lacking security of tenure and hence continue to be threatened with forced eviction. After an eviction, displaced women participate in a variety of activities that expose them to structural violence. Women care for the sick and elderly; they cater to the needs of husbands and children and to daily household subsistence; they often bear sole responsibility, due to widowhood or separation from their spouse, for family maintenance; they forage for and provide food, water, fuel, health care, education and cultural cohesion.5 Homelessness and landlessness are a direct result of forced eviction which increases women’s vulnerability to physical violence. In many countries, women face gender-based discrimination in owning, acquiring, managing and disposing of property. In such cases, displaced women may be in a vulnerable situation as they may be unable to inherit or own land and other immovable property. This may later have an impact on the process of return.6

5 J. Oloko-Onyango, supra note 2 at 383-384. 6 Report of the Representative of the Secretary General, UN Doc. E/CN.4/1996/52 (1996) at para. 50.

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Additionally, with nowhere to live after the eviction, women are forced to sleep out in the open, in tents or in other insecure environments, affording them little protection against perpetrators of violence. The United Nations Special Representative on internally displaced people makes the following comment on women’s increased vulnerability to violence as a result of inadequate housing: Internally displaced women are particularly vulnerable to gender-specific violence as the protection afforded to them by their homes and communities disappears and the stress of displacement becomes manifest in the family unit. Such abuses include: physical and sexual attacks, rape, domestic violence and sexual harassment, increased spousal battering and marital rape. Incidents of sexual abuse of children, especially girls, reportedly occur at higher rates among those children separated from their families.7 COHRE has also found that women who are forced to reside with extended family as a result of forced eviction often find themselves subject to increased levels of physical, emotional and psychological abuse and violence. This is largely the result of overcrowded living conditions combined with increased levels of alcohol consumption by male family members in the post eviction phase. Women may experience the forced separation of family members - in particular the separation of a mother from her child/children or from her own mother - and the loss of family and support structures as a form of violence. The particular vulnerability of women as a consequence of the break-up of the family in times of displacement has been recognized by the United Nations Special Rapporteur on violence against women. Though the Special Rapporteur has commented on the causes and consequences of women’s vulnerability in the context of refugee situations, the Special Representative on internally displaced persons argues that this applies equally to internally displaced women.8 Forced evictions like those taking place in South-East Turkey often result in the forced migration of women and their families from rural communities to urban centres. In this way, forced eviction radically disrupts a way of life. Many women find that when they reach urban centres they are discriminated against with respect to securing housing and they cannot find a means of livelihood. In some cases, women have turned to the sex trade industry in order to survive and in others they have been forced into the industry. The Special Representative on internally displaced persons reports that some displaced women may be subjected to the practices of sale into marriage and forced marriage. He also notes that displaced persons, particularly women, are frequently coerced into providing sexual favours in return for essential food, shelter, security documentation or other forms of assistance.9 Forced eviction creates a cycle of violence. Condoned by the state, the forced eviction process can intensify existing social and ethnic conflict which then creates perfect conditions for further violence. Though forced eviction is a physical act, each of the above mentioned forms of violence has a long lasting psychological and emotional impact, wreaking havoc with a woman’s identity, sense of personal security, self-worth and spirit. Most reports reveal that women experience extreme depression and anger in the aftermath of forced eviction. This list of the violence women experience during each “phase” of the eviction process is by no means exhaustive. It does, however, begin to shed light on the scope of violence that women are subjected to as a result of forced evictions. 7 Ibid at para. 46. 8 Ibid at para. 51. 9 Ibid at para. 47.

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10 GUIDELINES FOR NGO & CBO EVICTION DOCUMENTATION

The experience of COHRE and of the global human rights movement as a whole shows convincingly that information and documentation on forced evictions is an indispensable factor towards generating the international attention necessary for both halting planned evictions, as well as criticizing governments in countries where evictions which have already been carried out. COHRE receives information on past and pending evictions from groups and individuals from approximately 30 countries each year. All information received is widely distributed, and acts as the basis of COHREâ&#x20AC;&#x2122;s actions within the UN concerning forced evictions. COHRE has consistently found and advocated that evictions are a preventable practice. However, in order to ensure that we can act most effectively on both past and planned evictions, we need information and documentation on evictions in your country. The data requested in the following guidelines should be sent to COHRE with an assurance that the information in the completed forms will be brought to the attention of the UN for further action.

Past Evictions When providing information about past evictions in your country, please include the following data: 1 - Date, time and place of the eviction: ...................................................................................................... ...................................................................................................... 2 - Please describe the settlement evicted. Was the site only evicted or were structures demolished as well? Were there schools, services, clinics, churches, religious sites or other such structures demolished?: ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... 3 - Number of persons and families evicted. Where possible please provide disaggregated data based on gender. How many of those evicted were female headed households? ...................................................................................................... ...................................................................................................... 4 - What was/is the tenure status of the evicted families and persons? Squatters (legal, semi-legal, illegal), renters, owners etc? How long had the residents lived at the site where the eviction took place?: ...................................................................................................... ...................................................................................................... 5 - Who was actually behind or supported the eviction? Government, Developers, Private Sector? Others? Was it based on law or was it arbitrary?: ...................................................................................................... ...................................................................................................... ...................................................................................................... ......................................................................................................

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6 - Were evictees provided with notice of the eviction, prior to its occurrence? If so, in what form and how long prior to the eviction?: ...................................................................................................... ...................................................................................................... 7 - Did any intimidation take place by evictors against evictees prior to the eviction? If so, which family members were confronted by the evictors? ...................................................................................................... ...................................................................................................... 8 - Did any consultation or negotiation take place between the evictees and the evictor prior to the eviction? If so, were women representatives of the community consulted and or part of the negotiations?: ...................................................................................................... ...................................................................................................... 9 - Who physically carried out the eviction? Government forces, military, police, private persons, thugs, etc? ...................................................................................................... ...................................................................................................... 10 - Was any violence involved in the eviction? If so, to what degree, by whom, against whom, types of injuries sustained, etc? Did women suffer any acts of violence particular to their sex (e.g., rape, unwanted touching)? ...................................................................................................... ...................................................................................................... 11 - Were alternative sites or rehousing provided? If so, where, how far from the evicted site and was the community able to remain intact? Are the alternative sites safe for women? Is there enough lighting, privacy? Are household resources located in remote areas far from the new site? Are there adequate resources and services close to the new site? Are those who were working in the informal labour sector prior to the eviction able to continue their work at the new site? ...................................................................................................... ...................................................................................................... ...................................................................................................... 12 - Was financial compensation provided? If so, was this done in cash or through other means? Were dwellers content with the compensation?: ...................................................................................................... ...................................................................................................... 13 - Were any legal strategies aimed at preventing the eviction employed by the evictees? If so, what were the results of these strategies? If they were unsuccessful, why?: ...................................................................................................... ...................................................................................................... 14 - Did the legal strategies pursued refer in any way to housing rights as established and defined under international human rights law? Was the view of the United Nations towards evictions mentioned?: ...................................................................................................... ......................................................................................................

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15 - If legal strategies were used, did a lawyer argue the case or did the people do it themselves? If there was a lawyer, what was her or his name(s)?: ...................................................................................................... ...................................................................................................... 16 - What official and unofficial justifications or rationale were given by the evictor for the eviction?: ...................................................................................................... ...................................................................................................... 17 - What was the psychological, emotional and practical impact of the forced eviction?â&#x20AC;? What are womenâ&#x20AC;&#x2122;s posteviction experiences in terms of caring for family members (husbands, children, elderly, others), accessing household resources and food and maintaining a livelihood? ...................................................................................................... ...................................................................................................... ...................................................................................................... 18 - What was done with the property/land following the eviction?: ...................................................................................................... ...................................................................................................... 19 - Is the evicted land or structure(s) currently empty? If so, for how long and have any of the previous dwellers returned to the site?: ...................................................................................................... ...................................................................................................... 20 - Does the eviction form part of a larger governmental policy on, for instance, urban redevelopment, land acquisition, development policy, resettlement policy, city beautification policy, etc?: ...................................................................................................... ...................................................................................................... ...................................................................................................... 21 - Was the eviction covered by the press? Did the eviction appear in newspapers, radio, television? Were videos made by the affected persons or press during the eviction? If so, please include descriptions and copies if possible. Also, if photographs exist of the eviction taking place or of the site prior to or after the eviction, please send copies: ...................................................................................................... ...................................................................................................... ...................................................................................................... 22 - Where are the evicted persons at present?: ...................................................................................................... ...................................................................................................... 23 - Do the evictees consider their current situation worse, equal to or better than prior to the eviction?: ...................................................................................................... ...................................................................................................... ......................................................................................................

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24 - Was there anything particularly unique about this eviction case, anything which made it different from other evictions? If so, explain: ...................................................................................................... ...................................................................................................... 25 - Were political parties involved in either a positive or negative manner in the eviction? Did evictees receive any direct support from any political party? If so, which type of support and from which party?: ...................................................................................................... ...................................................................................................... 26 - Do you, your community or local/national organizations have any specific requests as to how COHRE should use the information provided to it? Have you provided COHRE with any information which should not be used or quoted publicly? If so, please indicate: ...................................................................................................... ...................................................................................................... 27 - How many people have been evicted in the country during the past five years?: ...................................................................................................... ...................................................................................................... 28 - Other Comments or Suggestions?: ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ......................................................................................................

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Planned Evictions When providing information about pending, planned or scheduled evictions in your country, please include the following data. Where possible and appropriate it would be useful to provide disaggregated data based on gender. 1 - Where and when is the eviction set to be carried out?: ...................................................................................................... ...................................................................................................... ...................................................................................................... 2 - How many people and families are threatened with eviction? Of these, how many are female headed households? ...................................................................................................... ...................................................................................................... 3 - Is the planned eviction a unique occurrence or does it form part of a larger, more widespread governmental policy on evictions?: ...................................................................................................... ...................................................................................................... 4 - On what legal or other basis has the eviction been ordered? Was a decree issued? Has legislation been cited or used to justify the eviction?: ...................................................................................................... ...................................................................................................... 5 - What public justification/rationale has been given for the planned eviction? Infrastructure, development project, more intensive use of the land, etc?: ...................................................................................................... ...................................................................................................... 6 - Have legal strategies been undertaken? Are lawyers available to assist the threatened community?: ...................................................................................................... ...................................................................................................... 7- Have negotiations between the potential evictees and the evictor been initiated? If not, why? If so, were women representatives of the community included in these negotiations? ...................................................................................................... ...................................................................................................... 8 - Do alternative plans aimed at preventing or avoiding the eviction or alternative development plans for the area exist? If so, did the community, NGOâ&#x20AC;&#x2122;s or CBOâ&#x20AC;&#x2122;s develop these themselves? Did women actively participate in the development of these plans?: ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ......................................................................................................

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9 - Do there exist any ‘relocation strategies’ or similar such policies currently binding on the evictor? If so, what form do they take?: ...................................................................................................... ...................................................................................................... 10 - What are the precise demands of the threatened communities? Do they want to remain unconditionally on the site or will they accept relocation?: ...................................................................................................... ...................................................................................................... 11 - Does a campaign or movement exist to take up the struggle against the announced eviction If so, how can they be contacted?: ...................................................................................................... ...................................................................................................... 12 - Does the planned eviction bear any relation to an upcoming international event? Olympic Games, World’s Fairs, International Conferences, Sporting Events, America’s Cup Races, IMF/World Bank Meetings, etc?: ...................................................................................................... ...................................................................................................... 13 - Has the mass media (radio, television, newspapers, etc) covered news of the pending eviction? If so, please include descriptions and copies of such coverage: ...................................................................................................... ...................................................................................................... 14 - Have politicians or other public figures made public remarks about the pending eviction or have any political parties, mass organisations or trade unions supported the threatened communities? If so, please provide information on their involvement and copies of any statements made or material produced by these organisations: ...................................................................................................... ...................................................................................................... 15 - Other Comments or Suggestions?: ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ......................................................................................................

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11 PUBLICATIONS AVAILABLE FROM COHRE COHRE’s Sources Series • • • • • •

COHRE, Sources #6: International Events and Forced Evictions, (December 1999) COHRE, Sources #5: Women and Housing Rights, (December 1999) COHRE, Sources #4: Legal Provisions on Housing Rights: International and National Approaches, (2nd ed., November 1999) COHRE, Sources #3: Forced Evictions and Human Rights: A Manual for Action, (2nd ed., May 1999) COHRE, Sources #2: Selected Bibliography on Housing Rights and Evictions (March 1993) COHRE, Sources # 1: Legal Sources of the Right to Housing in International Human Rights Law (February 1992)(out of print)

Global Sur vey’s on Forced Evictions • • • • • • •

COHRE, Forced Evictions: Violations of Human Rights No. 7 (September 1998) COHRE, Forced Evictions: Violations of Human Rights No. 6 (August 1994) COHRE, Forced Evictions: Violations of Human Rights No. 5 (June 1993) COHRE, Forced Evictions: Violations of Human Rights No. 4 (August 1992) COHRE, Forced Evictions: Violations of Human Rights No. 3 (February 1992) COHRE, Forced Evictions: Violations of Human Rights No. 2 (August 1991) COHRE, Forced Evictions: Violations of Human Rights No. 1 (August 1990)

Books • •

Scott Leckie, When Push Comes to Shove: Forced Evictions and Human Rights (1995) Scott Leckie, Destruction by Design: Housing Rights Violations in Tibet (1994)

Country Reports • • • • • •

COHRE, Moving Forward and Maintaining the Past: The Status of Economic, Social and Cultural Rights in the Solomon Islands (May 1999) COHRE, ESC Rights Violations in Chiapas, Mexico in the Context of Counter-Insurgency: Low Intensity Warfare Against Mainly Mayan Sectors of the Population (November 1998) COHRE, St. Vincent and the Grenadines and the Covenant on Economic, Social and Cultural Rights (November 1997) Still Waiting: Housing Rights Violations in a Land of Plenty, The Kobe Earthquake and Beyond (February 1996), HIC (mission organized by COHRE) COHRE, Planned Dispossesion: Palestinians, East Jerusalem and the Right to a Place to Live (September 1995) COHRE, Prima Facie Violations of Article 11(1) of the Covenant on Economic, Social and Cultural Rights by the Government of the Philippines (November 1993)

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Additional COHRE Publications and Documents • • • • • • • • •

COHRE, Training Programme on International Law and Housing Rights (1998), used in COHRE’s housing rights training activities COHRE, Violence Against Women and Social and Economic Rights (June 1998), presented to the UN Special Rapporteur on Violence Against Women COHRE, A Failure in the Making: A Critique of the Draft Habitat Agenda and Plan of Action (January 1996), presented to the UN Centre on Human Settlements COHRE, Guidelines for Eviction Documentation (1993) COHRE, How to Use the Resolution on Forced Evictions (1992) Set of six postcards depicting housing rights violations in the Philippines Set of four postcards depicting housing rights violations facing Palestinians Set of eight housing rights and evictions stickers Set of two ‘Housing Rights are Human Rights’ Stickers

Organizational Publications • • • • •

Progress Report of COHRE Activities (January 1996 - June 1998) Progress Report on the First Four Years of COHRE (1992-1995) NGO Profile on COHRE in Environment and Urbanisation, vol. 6, no. 1 (April 1994) Brochure on the work of COHRE COHRE Mission Statement

United Nations Documents on Housing Rights and Forced Evictions • • • • • • • • •

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FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

FORCED EVICTIONS AND HUMAN RIGHTS

a manual for action

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