A/HRC/4/18
page 19
beneficiaries. States should ensure that international organizations in which they are represented
refrain from sponsoring or implementing any project, programme or policy that may involve
forced evictions, that is, evictions not in full conformity with international law, and as specified
in the present guidelines.
D. Preventive strategies, policies and programmes
28.
States should adopt, to the maximum of their available resources, appropriate strategies,
policies and programmes to ensure effective protection of individuals, groups and communities
against forced eviction and its consequences.
29.
States should carry out comprehensive reviews of relevant strategies, policies and
programmes, with a view to ensuring their compatibility with international human rights norms.
In this regard, such reviews must strive to remove provisions that contribute to sustaining or
exacerbating existing inequalities that adversely affect women and marginalized and vulnerable
groups. Governments must take special measures to ensure that policies and programmes are not
formulated or implemented in a discriminatory manner, and do not further marginalize those
living in poverty, whether in urban or rural areas.
30.
States should take specific preventive measures to avoid and/or eliminate underlying
causes of forced evictions, such as speculation in land and real estate. States should review the
operation and regulation of the housing and tenancy markets and, when necessary, intervene to
ensure that market forces do not increase the vulnerability of low-income and other marginalized
groups to forced eviction. In the event of an increase in housing or land prices, States should
also ensure sufficient protection against physical or economic pressures on residents to leave or
be deprived of adequate housing or land.
31.
Priority in housing and land allocation should be ensured to disadvantaged groups such as
the elderly, children and persons with disabilities.
32.
States must give priority to exploring strategies that minimize displacement.
Comprehensive and holistic impact assessments should be carried out prior to the initiation of
any project that could result in development-based eviction and displacement, with a view to
securing fully the human rights of all potentially affected persons, groups and communities,
including their protection against forced evictions. “Eviction-impact” assessment should also
include exploration of alternatives and strategies for minimizing harm.
33.
Impact assessments must take into account the differential impacts of forced evictions on
women, children, the elderly, and marginalized sectors of society. All such assessments should
be based on the collection of disaggregated data, such that all differential impacts can be
appropriately identified and addressed.
34.
Adequate training in applying international human rights norms should be required and
provided for relevant professionals, including lawyers, law enforcement officials, urban and
regional planners and other personnel involved in the design, management and implementation
of development projects. This must include training on women’s rights, with an emphasis on
women’s particular concerns and requirements pertaining to housing and land.
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