A/HRC/4/18
page 20
35.
States should ensure the dissemination of adequate information on human rights and laws
and policies relating to protection against forced evictions. Specific attention should be given to
the dissemination of timely and appropriate information to groups particularly vulnerable to
evictions, through culturally appropriate channels and methods.
36.
States must ensure that individuals, groups and communities are protected from eviction
during the period that their particular case is being examined before a national, regional or
international legal body.
III. PRIOR TO EVICTIONS
37.
Urban or rural planning and development processes should involve all those likely to be
affected and should include the following elements: (a) appropriate notice 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 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) holding of public hearing(s) that provide(s) affected persons and
their advocates with opportunities to challenge the eviction decision and/or to present alternative
proposals and to articulate their demands and development priorities.
38.
States should explore fully all possible alternatives to evictions. All potentially affected
groups and persons, including women, indigenous peoples and persons with disabilities, as well
as others working on behalf of the affected, have the right to relevant information, full
consultation and participation throughout the entire process, and to propose alternatives that
authorities should duly consider. In the event that agreement cannot be reached on a proposed
alternative among concerned parties, an independent body having constitutional authority, such
as a court of law, tribunal or ombudsperson should mediate, arbitrate or adjudicate as
appropriate.
39.
During planning processes, opportunities for dialogue and consultation must be extended
effectively to the full spectrum of affected persons, including women and vulnerable and
marginalized groups, and, when necessary, through the adoption of special measures or
procedures.
40.
Prior to any decision to initiate an eviction, authorities must demonstrate that the eviction
is unavoidable and consistent with international human rights commitments protective of the
general welfare.
41.
Any decision relating to evictions should be announced in writing in the local language to
all individuals concerned, sufficiently in advance. The eviction notice should contain a detailed
justification for the decision, including on: (a) absence of reasonable alternatives; (b) the full
details of the proposed alternative; and (c) where no alternatives exist, all measures taken and
foreseen to minimize the adverse effects of evictions. All final decisions should be subject to
administrative and judicial review. Affected parties must also be guaranteed timely access to
legal counsel, without payment if necessary.
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