A/HRC/40/61
possible, they must be granted a right of return with any destroyed housing reconstructed or
replaced with adequate housing. 46
37. Forced evictions and violations of these clear legal standards are rampant worldwide.
Usually there is no access to courts. At other times, courts order evictions in violation of
international human rights law and in some circumstances, authorities act in blatant
defiance of court injunctions. The Housing and Land Rights Network documented the
demolition of over 53,000 homes in forced evictions in 2017 in India. Court orders were
responsible for 17 per cent of them. 47 In recent communications the Special Rapporteur has
been informed that tens of thousands of migrants on the outskirts of Beijing 48 and 26,000
households in Italy49 were evicted in 2017 with no provision of alternative housing. Recent
changes to legislation in Hungary require the forced eviction of homeless people from
where they are residing, with mandatory incarceration after two warnings. 50 Some 30,000
residents of the Otodo Gbame community were forcibly evicted from their ancestral fishing
settlement in Nigeria and their homes demolished in violation of a court injunction. 51 In
Kenya, authorities similarly ignored a court order and forcibly evicted the Sengwer
indigenous people from the Embobut, burning 1,800 homes to the ground. 52
B.
Reconceiving justice in the context of evictions, displacement and
relocation
38.
Access to justice in the context of displacement cannot be restricted to responding to
threatened evictions or to seeking remedies after irreparable damage has been done to
peoples’ lives and communities. Applications to evict communities are usually symptoms
of States’ failures to meaningfully engage with communities to develop alternatives that
respect their rights and that can be implemented cooperatively, without the use of force.
Access to justice must be reconceived both in legislation and in practice to ensure rightscompliant decision-making from the earliest stages of any relocation or development plan.
Engagement must go beyond mere consultation and ensure rights-based negotiation, with
recourse to courts where necessary to ensure human rights compliance. 53 A facilitator from
a human rights institution or ombudsperson’s office may be appointed to oversee this
process.
39.
Human rights impact assessments must be conducted prior to the approval of any
development plan. 54 These assessments must provide for hearings and meaningful
engagement through which residents can affirm and secure their right to housing.
Commitments made by international financial institutions and development banks to
integrating human rights in development should similarly require rights-based engagement
with affected communities and ensure access to justice through complaints procedures.55
40.
Access to justice must also be provided to address the underlying causes of
displacement and evictions. Where increased numbers of households are unable to afford
rent or mortgage payments, courts should require Governments to provide financial
assistance and to adopt other measures to allow people to remain in their homes. Effective
46
47
48
49
50
51
52
53
54
55
A/73/310/Rev.1, para. 34. See also A/HRC/4/18, annex I; and High Court of Kenya at Embu, Ibrahim
Sangor Osman v. Minister of State for Provincial Administration and Internal Security, Judgment of
16 November 2011.
Housing and Land Rights Network, Forced Evictions in India in 2017: An Alarming National Crisis,
fact sheet, February 2018.
JAL CHN 8/2018.
JAL ITA 3/2018.
See www.ohchr.org/Documents/Issues/Housing/AmicusConstitutionalCourtHungary_1.pdf.
UA NGA 4/2016.
See submission by Amnesty International for the present report, pp. 6–7.
Lucy Williams, “The right to housing in South Africa: an evolving jurisprudence”, Columbia Human
Rights Law Review, vol. 45, No. 3 (Spring 2014), pp. 827–834.
See A/HRC/4/18, annex I, paras. 28–36.
C. Daniel and others, eds., Glass Half Full? The State of Accountability in Development Finance
(Amsterdam, Centre for Research on Multinational Corporations, 2016).
11
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