A/HRC/7/16
page 9
evictions; increased focus by treaty monitoring bodies on issues related to forced evictions;
integration of work on forced evictions into the mandates of United Nations agencies and bodies
and bilateral and multilateral initiatives.11
19. In order to give States and the international community practical tools to prevent the
violation of the right to adequate housing as a consequence of forced evictions due to
development projects, the Special Rapporteur presented a set of Basic principles and guidelines
on development-based evictions and displacement to the Human Rights Council in his preceding
report.12 These guidelines address various situations including evictions planned or conducted in
apparent pursuit of the “public good”, such as those linked to development and infrastructure
projects (including large dams, large-scale industrial or energy projects, or mining and other
extractive industries); land acquisition measures associated with urban renewal, slum upgrades,
housing renovation, city beautification, or other land-use programmes (including for agricultural
purposes); property, real estate and land disputes; major international business or sporting
events; and, ostensibly, environmental purposes, as well as activities supported by international
development assistance.
20. The guidelines offer several new prescriptions, based on information gathered worldwide
since 1997, which render more clearly the obligations of States in this context. These include: the
need for States to conduct comprehensive impact assessments in advance of evictions that take
into account their differential impact on women, children and other vulnerable groups; calling
for States to take intervening measures to ensure that market forces do not increase the
vulnerability of low-income and marginalized groups to forced eviction; affirming the obligation
of States to recognize the fundamental human rights of forcibly evicted persons to return,
resettlement, and fair and just compensation; and the requirement that all affected persons be
notified in writing and sufficiently in advance with a view to minimizing the adverse impact of
evictions; the enumeration of detailed steps to be taken by States to protect human rights prior to,
during and after evictions; and the establishment of stringent criteria for initiating and carrying
out unavoidable evictions in exceptional circumstances.
21. The Special Rapporteur welcomes the consideration of and decisions on forced evictions
from various treaty bodies, including the link made by the Committee against Torture (CAT)
between forced evictions and breaches of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.13
11
Ibid. See also E/CN.4/2003/5/Add.3 and E/CN.4/2005/48/Add.3, paras. 70-72.
12
A/HRC/4/18, annex I. See also the Special Rapporteur’s web page on forced evictions
available at http://www2.ohchr.org/english/issues/housing/evictions.htm.
13
The Committee against Torture (CAT) has considered that burning or demolishing houses
may, in certain instances, amount to cruel, inhuman or degrading treatment or punishment
(article 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment). See for instance communication No. 161/2000, Hajrizi Dzemajl et al. v.
Yugoslavia, para. 9.2 and CAT/C/XXVII/Concl.5, Conclusions and Recommendations of the
Committee against Torture: Israel, para. 6 (j).
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