Forced evictions
Sub-Commission resolution 1996/27
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolutions 1991/12 of 26 August 1991, 1992/14 of
27 August 1992, 1993/41 of 26 August 1993, 1994/39 of 26 August 1994
and 1995/29 of 24 August 1995,
Recalling also Commission on Human Rights resolution 1993/77 of
10 March 1993 and the analytical report on forced evictions
(E/CN.4/1994/20) prepared by the Secretary-General and submitted to the
Commission at its fiftieth session,
Taking note of Economic and Social Council decision 1996/290 of
24 July 1996 on forced evictions, in which the Council authorized the
holding of an expert seminar on the practice of forced evictions with a
view to developing comprehensive human rights guidelines on
development-based displacement,
Reaffirming that every woman, man and child has the right to a
secure place to live in peace and dignity, which includes the right not
to be evicted from one's home, land or community,
Recognizing that the often violent practice of forced eviction
involves the coerced and involuntary removal of persons, families and
groups from their homes, lands and communities, whether or not deemed
legal under prevailing systems of law, resulting in greater
homelessness and inadequate housing and living conditions,
Aware that forced evictions can be carried out, sanctioned,
demanded, proposed, initiated or tolerated by a range of actors, all of
which possess legal obligations to refrain from such practices,
Aware also that discriminatory motivations are the actual basis of a large number of forced evictions,
Emphasizing that ultimate legal and political responsibility for preventing forced evictions rests with Governments,
Recalling that General Comment No. 2 (1990) on international
technical assistance measures, adopted by the Committee on Economic,
Social and Cultural Rights at its fourth session, states, inter alia,
that international agencies should scrupulously avoid involvement in
projects which involve, among other things, large-scale evictions or
displacement of persons without the provision of all appropriate
protection and compensation (E/1990/23, annex III, para. 6),
Noting with appreciation that the Committee on Economic, Social
and Cultural Rights, in its General Comment No. 4 (1991) on the right
to adequate housing, considered that instances of forced eviction were,
prima facie, incompatible with the requirements of the International
Covenant on Economic, Social and Cultural Rights and could only be
justified in the most exceptional circumstances, and in accordance with
the relevant principles of international law (E/1992/23, annex III,
para. 18),
Taking note of the observations of the Committee on Economic,
Social and Cultural Rights concerning forced evictions, in which the
Committee clearly equated this practice with violations of the
obligations arising under the International Covenant on Economic,
Social and Cultural Rights,
Recalling that forced evictions are unacceptable under
international human rights law, unless accompanied by all necessary
legal and other safeguards, including due process, when carried out
against any persons, notwithstanding their tenure status,
Taking note of the explicit recommendations concerning the
practice of forced evictions contained in the final report of the
Special Rapporteur on the right to adequate housing
(E/CN.4/Sub.2/1995/12, chap. VIII),
Noting the provisions on forced evictions contained in the
Habitat Agenda (A/CONF.165/14) adopted by the United Nations Conference
on Human Settlements (Habitat II) convened in Istanbul in June 1996,
Aware of the many similarities between the phenomena of forced
evictions, internal displacement, population transfer, mass expulsions,
mass exodus, "ethnic cleansing" and other practices involving the
coerced and involuntary movement of people from their homes, lands and
communities,
1. Reaffirms that the practice of forced eviction
constitutes a gross violation of a broad range of human rights, in
particular the right to adequate housing, the right to remain, the
right to food, the right to freedom of movement, the right to privacy,
the right to security of the home, the right to security of the person,
the right to security of tenure, the right to equality of treatment and
a variety of additional rights;
2. Strongly urges Governments to undertake immediately
measures at all levels aimed at eliminating the practice of forced
eviction through, inter alia, immediately renouncing existing plans
involving forced evictions, repealing legislation allowing forced
evictions and ensuring the right to security of tenure to all citizens
and other residents;
3. Also strongly urges Governments to confer legal
security of tenure on all persons, in particular those currently
threatened with forced eviction, and to adopt all necessary measures
giving full protection against forced eviction based upon effective
participation, consultation and negotiation with affected persons or
groups;
4. Recommends that all Governments provide immediate
restitution, compensation and/or appropriate and sufficient alternative
accommodation or land, consistent with their wishes, rights and needs,
to persons and communities that have been forcibly evicted, following
mutually satisfactory negotiations with the affected persons or groups,
and recognizing the obligation to ensure such provision in the event of
any forced eviction;
5. Invites all international financial, trade, development
and other related institutions and agencies to take fully into account
the views contained in the present resolution and other pronouncements
under international human rights and humanitarian law on the practice
of forced eviction;
6. Requests the United Nations High Commissioner for Human
Rights to give due attention to the practice of forced eviction in
discharging his responsibilities and to undertake measures, whenever
possible, to persuade Governments to halt planned forced evictions and
to ensure the provision of adequate compensation when evictions have
already occurred;
7. Requests the United Nations Centre for Human
Settlements (Habitat) in implementing its housing rights strategy
(HS/C/15/INF.7) and the Habitat Agenda (A/CONF.165/14) adopted by the
United Nations Conference on Human Settlements (Habitat II) to do
everything within its power to prevent the practice of forced eviction
by, inter alia, using the good offices of the Secretary-General
to persuade Governments to refrain from carrying out forced evictions
and by compiling annual lists of all eviction cases brought to its
attention;
8. Requests the Secretary-General, in accordance with
Economic and Social Council decision 1996/290 of 24 July 1996, to
convene an expert seminar on the practice of forced evictions and the
relationship of this practice to internationally recognized human
rights, with a view to developing a set of comprehensive human rights
guidelines on forced evictions, including development-based
displacement and forced evictions carried out in conjunction with
international events, prior to the forty-ninth session of the
Sub-Commission;
9. Requests the Secretary-General to submit the report of
the expert seminar and the aforementioned guidelines to the
Sub-Commission at its forty-ninth session;
10. Decides to consider the issue of forced evictions at
its forty-ninth session under the agenda item entitled "The realization
of economic, social and cultural rights" and to determine how most
effectively to continue its consideration of the issue of forced
evictions.
35th meeting
29 August 1996
[Adopted without a vote.]
