A/HRC/13/20
persons carrying out the eviction to be properly identified; (f) evictions not to take place in
particularly bad weather or at night unless the affected persons consent otherwise; (g)
provision of legal remedies; and (h) provision, where possible, of legal aid to persons who
are in need of it to seek redress from the courts.48 Even when evictions are justified and
practiced according to the appropriate procedural protections, they should not result in
individuals being rendered homeless, and the State must take all appropriate measures, to
the maximum of its available resources, to ensure that adequate alternative housing,
resettlement or access to productive land is available.49
B.
Right to participate in decision-making and local communities
34.
In the context of mega-events, the right to participation and information of local
communities becomes paramount. The events involve and affect the population residing in
the host city, particularly those living in redevelopment areas and game sites. Public
housing strategies should “reflect extensive genuine consultation with, and participation by,
all of those affected.”50 Furthermore, prior to any evictions, all feasible alternatives must be
explored in consultation with the affected persons, with a view to avoiding the need to use
force.51 Information concerning the alternative purpose for which the land or housing is to
be used is also required, as is genuine consideration of the alternatives proposed by the
affected population.
35.
In keeping with the basic principles and guidelines on development-based evictions
and displacement, development processes and urban planning should fulfil the following
requirements: (a) appropriate notice given to all potentially affected persons that eviction is
being considered and that there will be public hearings on the proposed plans and
alternatives; (b) effective dissemination by the authorities of relevant information given in
advance, including land records and proposed comprehensive resettlement plans
specifically addressing efforts to protect vulnerable groups; (c) a reasonable time period for
public review of, comment on, and/or objection to the proposed plan; (d) opportunities and
efforts to facilitate the provision of legal, technical and other advice to affected persons
about their rights and options; and (e) the holding of public hearings providing affected
persons and their advocates with an opportunity to challenge the eviction decision and/or to
present alternative proposals and to articulate their demands and development priorities
(E/CN.4/2006/41, appendix, para. 37).
V.
Procedures and regulations of the Olympic Games and the
Football World Cup and their relationship with the right to
adequate housing
36.
As the two major sporting events in the world, the Olympic Games and the FIFA
World Cup have the power to influence and set examples for other events, whether related
to sports, culture or other fields. This analysis would also apply to other major events.
37.
Although the Olympic Games and the World Cup are commensurable in terms of
dimension and public attraction, it should be noted that the Olympic Games are staged in
one city, while the World Cup involves multiple cities in one or even several countries.
48
49
50
51
12
General comment No. 7, op. cit., para. 15.
Ibid.
General comment No. 4, op. cit., para. 12.
General comment No.7, op. cit., para. 13.
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