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 15

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