3.12 Resettlement
Sources
Evictions should not render communities homeless or vulnerable to
other human rights abuses. In cases where those affected are unable
to provide for themselves, government shall take measures to provide
access to adequate alternative housing or productive land to the
maximum capacity of its available resources. These measures must
satisfy the standards for adequate housing, ensuring immediate access
to:
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Essential food, potable water and sanitation;
Basic shelter and housing;
Appropriate clothing;
Essential medical services;
Livelihood sources;
Access to common property resources previously depended upon;
and
Education for children and childcare facilities.
ICESCR, art.
11(1)
GC VII, para.
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Basic
Principles,
paras. 16, 52-58
Members of the same family or community should not be separated as
a result of evictions and the subsequent resettlement process.
Identified relocation sites for those affected by evictions must comply
with the standards for adequate housing enumerated in Chapter 2.
Additional safeguards include the following:
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The entity which is proposed to carry out the relocation shall be
required by law to meet all costs associated with the process of
resettlement;
No individual or community shall suffer a repression of their full
enjoyment of any human rights, including the host community of
the resettlement;
The time and financial cost required for travel between the
resettlement site and places of work or to access external services
should not place an unreasonable burden or excessive demands of
the budgets of low income households;
Sufficient information on all aspects of the resettlement must be
provided to those affected prior to eviction from their original
dwellings;
Government officials and neutral observers shall be identified and
present during the resettlement process;
Policies shall be implemented to ensure that no marginalised or
vulnerable groups are exposed to disproportionate effects of any
human rights violations.
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