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
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