3.6
Adequate and Reasonable Notice
Sources
If the process of adequate consultation has been completed to the
satisfaction of Standard 3.5 and it has been determined that an
eviction will take place, those affected must be provided adequate
and reasonable notice of the scheduled date for eviction. This notice
shall also include the following:
A detailed justification for the eviction;
That there is an absence of reasonable alternatives to eviction;
Information on measures taken and foreseen to minimise the
adverse effects of the eviction;
• That the final decision reached is subject to administrative and
judicial review;
• Information on how those affected may access administrative
and/or judicial review of the eviction decision.
If the date of eviction coincides with the date for resettlement, then
at least 90-days’ notice shall be provided.
•
•
•
3.7
ICESCR, art.
11(1)
GC VII, para. 15
Basic Principles,
paras. 41-42; 56
Identification and Presence of Government Officials
Sources
Government officials must be present during the entire eviction
process, identify themselves to those being evicted and present formal
authorisation for the eviction. Those actually carrying out the physical
eviction must also be identified and present authorisation.
3.8
ICESCR, art.
11(1)
GC VII, para. 15
Basic
Principles,
para. 45
Time and Condition of Evictions
Sources
Evictions must not be take place at night, in unsuitable weather, during
festivals or religious holidays, prior to elections, or during or prior to
school examination periods.
ICESCR, art.
11(1)
GC VII, para. 15
Basic
Principles,
para. 49
16 Human Rights in the Rubble