CHAPTER 3 INTERNATIONAL STANDARDS ON EVICTION AND RESETTLEMENT It is essential at this juncture to recall the position taken by international law that forced evictions are prima facie incompatible with core human rights standards. It follows from the guarantees recognised in Chapter 2, particularly the security of tenure that is an essential component of adequate housing, that occupants should be protected from the effects of forced evictions. That is, as a general rule, government programmes and practices which require the involuntary transfer of populations and the demolition of residential premises will be prohibited. However, international law nonetheless recognises the presence of forced evictions throughout the world, and their legitimacy in limited circumstances. The nature of these circumstances, and the manner in which forced evictions are to be conducted, are strictly controlled under international law. Unlike some standards based on ESC rights, those identified in this Chapter are not targets or goals towards which governments should aspire, but benchmarks that must be adhered to immediately in the context of eviction and resettlement policy or practice. In addition to their use in this review to determine compliance with international human rights law, the purpose of these standards is to assist other independent eviction and human rights monitors to evaluate government activity in this field. 3.1 Availability of Resources Sources Governments are generally allowed a generous measure of flexibility in adhering to their obligations under the ICESCR, particularly because the promotion of the associated human rights is often an expensive exercise, requiring the availability and expenditure of considerable resources. This consideration will almost never be relevant in the context of forced evictions, which typically accompany large government infrastructure projects or land sales with significant fiscal ramifications of themselves. The obligation to implement and enforce legislative protections for individuals, groups and communities against the effects of forced evictions is therefore immediate. ICESCR, arts. 2.1; 11(1) ICCPR, art. 17(1) GC VII, para. 8 Basic Principles, para. 23 13