Forced evictions
Sub-Commission resolution 1997/6
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, 1995/29 of 24 August 1995 and 1996/27 of 29
August 1996,
Recalling also Commission on Human Rights resolution 1993/77 of
10 March 1993 and the analytical report on forced evictions
prepared by the Secretary-General (E/CN.4/1994/20) and submitted to the
Commission at its fiftieth session,
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 arbitrarily or on a discriminatory basis from one's home,
land or community,
Recognizing that the practice of forced eviction often involves
the coerced and involuntary removal of persons, families and groups
from their homes, lands and communities, resulting in greater
homelessness and inadequate housing and living conditions,
Noting that when, under exceptional circumstances, evictions are
considered to be justified, such evictions must be carried out in
strict compliance with relevant human rights provisions which demand, inter alia,
that such evictions must not be carried out on a discriminatory or
arbitrary basis, that evictions must be carried out through legal
procedures that ensure appropriate due process protections and that,
owing to the universal right to housing which is enshrined, most
notably, in article 11 of the International Covenant on Economic,
Social and Cultural Rights, such evictions must not result in
individuals being rendered homeless or vulnerable to other human rights
violations,
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), and
general comment No. 4 (1991) in which the Committee 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 relevant principles of
international law (E/1992/23, annex III, para. 18),
Noting with appreciation the adoption of general comment No. 7
(1997) on forced evictions by the Committee on Economic, Social and
Cultural Rights (E/C.12/1997/4), in which the Committee recognized, inter alia,
that women, children, youth, older persons, indigenous people, ethnic
and other minorities, and other vulnerable groups all suffer
disproportionately from the practice of forced eviction, and that women
in all groups are especially vulnerable, given the extent of statutory
and other forms of discrimination which often apply in relation to the
property rights of women, including home ownership and rights of access
to property or accommodation, and given the particular vulnerability of
women to acts of violence and sexual abuse when they are rendered
homeless,
Noting also the provisions on forced evictions contained in the
Habitat Agenda (A/CONF.165/14, annex II) adopted by the
United Nations Conference on Human Settlements (Habitat II)
convened in Istanbul in June 1996,
1. Reaffirms that forced evictions may often constitute
gross violations of a broad range of human rights, in particular the
right to adequate housing, the right to remain, the right to freedom of
movement, the right to privacy, the right to property, the right to an
adequate standard of living, the right to security of the home, the
right to security of the person, the right to security of tenure and
the right to equality of treatment;
2. Strongly urges Governments to undertake immediately measures at all levels aimed at eliminating the practice of forced eviction by, inter alia, ensuring the right to security of tenure for all residents;
3. Also strongly urges Governments to confer legal
security of tenure on all persons, including all women and men who are
currently threatened with forced eviction, and to adopt all necessary
measures giving full protection against unreasonable eviction, based
upon effective participation, consultation and negotiation with the
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 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, including member or donor
States that have voting rights within such bodies, to take fully into
account the views contained in the present resolution and other related
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 her responsibilities and to undertake measures, whenever
possible, to persuade Governments to comply with relevant international
standards, to prevent planned forced evictions from taking place, and
to ensure the provision of adequate compensation when forced evictions
have already occurred;
7. Welcomes the report of the expert seminar on the
practice of forced evictions, which was convened by the
Secretary-General in Geneva from 11 to 13 June 1997
(E/CN.4/Sub.2/1997/7) and the comprehensive human rights guidelines on
development-based displacement adopted by the expert seminar and
annexed to its report;
8. Requests the Commission on Human Rights to invite all
States to consider the comprehensive human rights guidelines on
development-based displacement with a view to their approving
guidelines for such displacement as soon as possible;
9. Decides to consider the issue of forced evictions at
its fiftieth session under the agenda item entitled "The realization of
economic, social and cultural rights", insofar as necessary to achieve
the objectives outlined in paragraph 8 above, and to determine how most
effectively to continue its consideration of the issue of forced
evictions.
27th meeting
22 August 1997
[Adopted without a vote. See chap. VI.]
