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