17.
The
Committee
projects
is
aware
that
various
financed by international
development
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
reinforce discrimination
against
promote
individuals
or
or
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”.’
groups contrary to the provisions of the Covenant,
ar 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
project,
to énsure that the rights contained in the Covenant
are duly taken into account".®
18. Some institutions, such as the World Bank
and the Organisation for Economic Cooperation
and Development (OECD) have adopted guidelines
on relocation and/or resettlement with a view to
limiting the scale of and human suffering associated
with
forced
evictions.
Such
practices
often
accompany large-scale development projects, such
as dam-building
Full respect
reflect
the
and
for such
obligations
other major
guidelines,
contained
energy
Information
is also
during,
inter
sought
as
alia,
to
“measures
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
consent,
or
guarantee
by
any
rehousing
persons
based
living
on
on
or
mutual
near
to
affected sites”.* However, few States parties have
included the requisite information in their reports
to the Committee. The Committee therefore wishes
to emphasize the importance
receipt of such information.
it attaches
to the
projects.
insofar as they
in the
20.
taken
Covenant,
is essential on the part of both the agencies
themselves and States parties to the Covenant. The
Committee recalls in this respect the statement in
the Vienna Declaration and Programme of Action
to the effect that “while development facilitates
the enjoyment of all human rights, the lack of
development may not be invoked to justify the
abridgement of internationally recognized human
rights” (Part |, para. 10).
a
21. Some
States
parties have
indicated
that
information of this nature is not available. The
Committee recalls that effective monitoring of the
rightto 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.
19. In accordance with the guidelines for reporting
adopted
by the Committee,
State parties are
requested to provide various types of information
©1996-2001
Office of the United Nations
High Commissioner for Human
Geneva, Switzerland
6
7
8
E/1990/23, annex Ill, paras. 6 and 8 (d).
Rights
E/C,12/1999/8, annex IV.
Ibid.
GENERAL COMMENTS AND STATEMENTS 25