A/HRC/4/18
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42.
Due eviction notice should allow and enable those subject to eviction to take an inventory
in order to assess the values of their properties, investments and other material goods that may be
damaged. Those subject to eviction should also be given the opportunity to assess and document
non-monetary losses to be compensated.
43.
Evictions should not result in individuals being rendered homeless or vulnerable to the
violation of other human rights. The State must make provision for the adoption of all
appropriate measures, to the maximum of its available resources, especially for those who are
unable to provide for themselves, to ensure that adequate alternative housing, resettlement or
access to productive land, as the case may be, is available and provided. Alternative housing
should be situated as close as possible to the original place of residence and source of livelihood
of those evicted.
44.
All resettlement measures, such as construction of homes, provision of water, electricity,
sanitation, schools, access roads and allocation of land and sites, must be consistent with the
present guidelines and internationally recognized human rights principles, and completed before
those who are to be evicted are moved from their original areas of dwelling.h
IV. DURING EVICTIONS
45.
The procedural requirements for ensuring respect for human rights standards include the
mandatory presence of governmental officials or their representatives on site during evictions.
The governmental officials, their representatives and persons implementing the eviction must
identify themselves to the persons being evicted and present formal authorization for the eviction
action.
46.
Neutral observers, including regional and international observers, should be allowed
access upon request, to ensure transparency and compliance with international human rights
principles during the carrying out of any eviction.
47.
Evictions shall not be carried out in a manner that violates the dignity and human rights
to life and security of those affected. States must also take steps to ensure that women are not
subject to gender-based violence and discrimination in the course of evictions, and that the
human rights of children are protected.
48.
Any legal use of force must respect the principles of necessity and proportionality, as
well as the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and
any national or local code of conduct consistent with international law enforcement and human
rights standards.
49.
Evictions must not take place in inclement weather, at night, during festivals or religious
holidays, prior to elections, or during or just prior to school examinations.
h
See section V of the present guidelines.
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