5.6 Key Points of Non-Compliance with Standards Non Discrimination •No legal mechanisms to protect marginalised and vulnerable groups, or take their special needs into account Punitive Evictions •Provisions of the law that penalise ‘professional squatting’ and ‘squatting syndicates’ are punitive in nature Genuine Consultation •Insufficient mechanisms to ensure that consultation is genuine •No opportunity for communities to challenge the reasons for eviction or present viable alternatives •Insufficient timeframe for consultation process •Insufficient opportunities to seek legal and professional advice Adequate and Reasonable Notice •Formal notice period (30-days) too short •Insufficient detail stipulated as to the required content of eviction notices Remedies and Legal Aid •Insufficient administrative appeals mechanisms against adverse government decisions during evictions and resettlement •Insufficient legal aid provided •Existing appeals mechanisms poorly suited to socioeconomic and sociocultural background of those affected by evictions and resettlement Restitution and Return •Insufficient legal mechanisms to encourage and facilitate on-site resettlement Compensation •No provision in the law for compensation to be provided for damage to or loss of property during eviction and resettlement process •Insufficient clarification that compensation cannot replace resettlement Resettlement •Insufficient provision in the law to ensure the delivery of all basic services in resettlement sites 47

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