A/HRC/29/41 A. Relevant international obligations and national legislation 1. International human rights law and forced evictions 33. The Universal Declaration of Human Rights provides for the right to an adequate standard of living, which includes the right to housing. Eritrea subscribes to the Declaration by virtue of its membership in the United Nations. The right to adequate housing is of central importance for the enjoyment of all economic, social and cultural rights. 34. The right to adequate housing is also established in the International Covenant on Economic, Social and Cultural Rights. In its general comment No. 4 (1991), the Committee on Economic, Social and Cultural Rights provided further interpretation of that right. Eritrea is a State party to the Covenant, bound by its provisions and subject to the persuasive interpretation thereof by the Committee. The Committee has noted that forced evictions represent violations of the right to adequate housing and shelter, and may result in violations of other related rights, such as the rights to life, to security of the person, to noninterference with privacy, family and home, and to the peaceful enjoyment of possessions;16 are prima facie incompatible with the Covenant; and can be justified only in the most exceptional circumstances, and in accordance with the relevant principles of international law,17 which include the general principles of reasonableness and proportionality. 35. In its general comment No. 7, the Committee also observed that States parties had a duty to refrain from carrying out forced evictions and to enforce the law against their agents and third parties who carry out forced evictions, noting that the fulfilment of that obligation was not qualified by considerations relating to a State’s available resources. The Committee also reiterated the need for consultation with affected communities and the exploration of all feasible alternatives prior to any evictions. Adequate compensation and effective remedies needed to be provided for those whose rights were violated. Appropriate procedural protection and due process should be respected and guaranteed in practice when forced evictions are carried out. In any event, forced evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. The Committee underscored that the State had the duty to take all appropriate measures to provide adequate alternative housing, resettlement or access to productive land, where necessary. 36. The basic principles and guidelines on development-based evictions and displacement is a comprehensive document developed by the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context (E/CN.4/2006/41, appendix). It covers general obligations, including with respect to duty bearers and the nature of the obligations, basic human rights principles, the implementation of State obligations, and preventative strategies, policies and programmes. It sets out standards and procedures to be followed prior to, during and after evictions, as well as remedies for forced evictions, including compensation, restitution and return, and resettlement and rehabilitation. The guidelines extend to all persons affected by evictions whether or not they hold title to the land they occupy, and stipulates that it is immaterial whether persons evicted hold title to the land — they must be compensated for their lost property. 37. In its communication 155/96,18 the African Commission on Human and Peoples’ Rights incorporated the substance and jurisprudence of international human rights law on 16 17 18 10 See general comment No. 7 (1997), para. 4. See general comment No. 4, para. 18. Social and Economic Rights Action Centre (SERAC) and Center for Economic and Social Rights (CESR) v. Nigeria.