1. Understanding Human Rights in Cities - Training Workshop - SESSION 3 Forced Eviction (DRAFT)
May 2015
Forced evictions
Forced evictions constitute gross violation of human rights
Forced evictions violate directly and indirectly the full spectrum of civil, economic, political and social rights enshrined in IL, in particular the Right to Adequate Housing.
(UN Commission on HR Res 1993/77 and 2004/28)
20/04/2015
UN Habitat, Housing Unit, HSUB

2. Understanding Human Rights in Cities - Training Workshop - SESSION 3 Forced Eviction (DRAFT)
May 2015
Forced Evictions
Definition: Permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection (CESCR General Comment 7)
IL sources:
General Comment No. 4 establishes protection from forced evictions as a part of the right to adequate housing in 1991.
General Comment No. 7 defines forced eviction in detail in 1997
The Special Rapporteur on adequate housing has since its inception focused on forced evictions and produced relevant reports (Basic Principles and Guidelines on development-based evictions and displacement)
Factsheet No. 25, jointly published by OHCHR and UN-Habitat, elaborates in detail on Forced Evictions.
Soft law
Authoritative force
20/04/2015
UN Habitat, Housing Unit, HSUB

3. Evictions
Evictions are justified only in the most exceptional circumstances and:
after all feasible alternatives to eviction that address the exceptional circumstance are explored
in consultation with the affected community
after due process protections are afforded to the individual, group or community.
Fair and just compensation
(UN Habitat/OHCHR - Fact Sheet no 25)
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4. Obligation BEFORE the eviction
Opportunity for genuine consultation with those affected
Adequate and reasonable notice to all affected persons
Information on the proposed evictions and, where applicable, on the alternative purpose for which the land or housing is to be used, available in reasonable time to all those affected
All alternatives to eviction have been considered
(UN Habitat/OHCHR - Fact Sheet no 25)
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5. Obligations DURING the eviction
Government officials or their representatives to be present
All persons carrying out the eviction to be clearly identified
Not to take place in particularly bad weather or at night
Formal authorization
(UN Habitat/OHCHR - Fact Sheet no 25)
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6. Obligations AFTER the eviction
Fair and just compensation for all losses should include:
any losses of personal, real or other property or goods
rights or interests in property
Not only economic but also social losses incurred by those evicted.
Provision of legal remedies and, where possible, of legal aid to persons who need it to seek redress from the courts.
(UN Habitat/OHCHR - Fact Sheet no 25)
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7. As a result of eviction, no one should be rendered homeless!!
Forced evictions are prohibited under IL
Evictions are accepted only when no alternatives are available and must respect IL criteria, among which:
Respect of human rights and due process
The rights to information and to meaningful consultation and participation should be respected at all stages of the process
Legal and other remedies should be available at all times
Adequate compensation needs to be provided in advance
All necessary measures should be taken to minimize the impact of evictions and no one should be rendered homeless
All projects should incorporate an Eviction Impact Assessment
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8. Eviction Impact Assessment (EvIA)
UN Habitat is working on promoting the impact assessment of forced evictions with particular reference to tangible and non-tangible damages:
EvIA is key for individuals and communities to claim their rights, either in terms of compensation or appropriate resettlement options
EvIA assesses also non-material and intangible impacts of eviction
EvIA as powerful pre-requisite tools for designing development projects in ensuring their human rights compliance, both in terms of reaching target groups as well as in order to identify, assess and manage the risks that any development project inevitably entails
(OHCHR and UN-Habitat Handbook Assessing the Impact of Evictions)
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