and access to, appropriate of legal or other forms protection. The prohibition on forced evictions does not, however, apply to evictions carried out by farce in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights. 8. In essence, the obligations of States parties to the Covenant in relation to farced 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, 4. The practice of forced evictions is widespread and affects persons in both developed and in view of the nature of the practice of forced evictions, the reference in article 2.1 to progressive achievement based on the availability of resources developing countries. Owing to the interrelationship will rarely be relevant. The State itself must refrain and interdependency which exist among all human rights, forced evictions frequently violate other enforced human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of 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 noninterference with privacy, family and home and the right to the peaceful enjoyment of possessions. 5. Although the practice of forced evictions might appear to occur primarily in heavily populated urban areas, it also takes place in connection with forced population transfers, internal displacement, forced relocations in the context of armed conflict, mass exoduses of these and contexts, refugee the right movements. to adequate In all housing and not to be subjected to forced eviction may be wialated through a wide range of acts or omissions attributable to States parties. Even in situations where it may be necessary to impose limitations an such a right, full compliance with article 4 of the Covenant imposed must as this may be {i,e. economic, for the purpose is required so that any limitations be “determined by law only insofar compatible with the nature of these social and cultural] rights and solely of promoting the general welfare in a democratic society”. from forced evictions against its and ensure agents or that third the law parties is who carry out forced evictions (as defined in paragraph 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 recognizes, interalia, 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, 9. 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 (1990) 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 6. Many instances of forced eviction are associated with violence, such as evictions resulting fram international armed conflicts, internal strife and communal or ethnic violence. 7. Other instances of forced eviction occur in the name of development. Evictions may 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. which evictions may be carried out. The legislation must also apply 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 the Government greatly reducing its 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 they are compatible with the obligations arising from the right to adequate housing and repeal or amend any legislation or policies that are inconsistent with the requirements of the Covenant. GENERAL COMMENTS AND STATEMENTS 29

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