3.5
Genuine Consultation and Provision of Information
Sources
Governments are required to consult with affected communities and
individuals prior to the conduct of evictions. This consultation must
be genuine, in that governments must not see the requirement to
consult as a means to an end. Genuine consultation requires
government to take positive steps at every stage of the process to
incorporate the interests and perspectives of those affected. This will
include:
•
•
•
•
•
•
•
Dissemination of comprehensive information about the eviction,
why it is to take place, the complete plans for resettlement and
the timeframe for the project, well in advance of the project’s
commencement. This is distinct from the shorter-term notice
requirement in Standard 3.6.
Notice that alternatives to eviction are also being considered and
that public hearings will be held to canvass the project plan and
these alternatives;
Provision of a reasonable time for those affected to petition
against the proposal;
Provision of opportunities and reasonable time for those affected
to seek and receive legal, technical and other professional advice
on the implications of the project;
Holding of public hearings at which affected communities and
individuals, and their advocates, will be given the opportunity to
challenge the eviction and canvass alternatives to the proposed
project;
Special consideration of the interests and perspectives of
vulnerable groups during the process of consultation;
In the event that agreement cannot be reached between all
affected and concerned stakeholders, there shall be recourse to a
constitutional or quasi-judicial body to mediate the dispute and
reach a desired outcome.
ICESCR, art.
11(1)
ICCPR, art. 17(1)
CRPD, art. 22(1)
CRC, art. 16(1)
GC VII, para. 15
Basic Principles,
paras. 37-44
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