A/HRC/4/18
page 15
5.
Forced evictions constitute a distinct phenomenon under international law, and are often
linked to the absence of legally secure tenure, which constitutes an essential element of the right
to adequate housing. Forced evictions share many consequences similar to those resulting from
arbitrary displacement,b including population transfer, mass expulsions, mass exodus, ethnic
cleansing and other practices involving the coerced and involuntary displacement of people from
their homes, lands and communities.
6.
Forced evictions constitute gross violations of a range of internationally recognized
human rights, including the human rights to adequate housing, food, water, health, education,
work, security of the person, security of the home, freedom from cruel, inhuman and degrading
treatment, and freedom of movement. Evictions must be carried out lawfully, only in
exceptional circumstances, and in full accordance with relevant provisions of international
human rights and humanitarian law.
7.
Forced evictions intensify inequality, social conflict, segregation and “ghettoization”, and
invariably affect the poorest, most socially and economically vulnerable and marginalized
sectors of society, especially women, children, minorities and indigenous peoples.
8.
In the context of the present guidelines, development-based evictions include evictions
often planned or conducted under the pretext of serving 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;
unbridled land speculation; major international business or sporting events; and, ostensibly,
environmental purposes. Such activities also include those supported by international
development assistance.
9.
Displacement resulting from environmental destruction or degradation, evictions or
evacuations resulting from public disturbances, natural or human-induced disasters, tension or
unrest, internal, international or mixed conflict (having domestic and international dimensions)
and public emergencies, domestic violence, and certain cultural and traditional practices often
take place without regard for existing human rights and humanitarian standards, including the
right to adequate housing. Such situations may, however, involve an additional set of
considerations that the present guidelines do not explicitly address, though they can also provide
useful guidance in those contexts. Attention is drawn to the Basic Principles and Guidelines on
the Right to Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law, the Guiding Principles on
Internal Displacement, and the Principles on housing and property restitution for refugees and
displaced persons.
10.
While recognizing the wide range of contexts in which forced evictions take place, the
present guidelines focus on providing guidance to States on measures and procedures to be
adopted in order to ensure that development-based evictions are not undertaken in contravention
b
Consistent with Principle 6 of the Guiding Principles on Internal Displacement.
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