In Case of a Forced Eviction: What are the International Guidelines that should be followed?

In addition to international and national human rights laws and policies, specific human rights standards and guidelines need to be implemented in order to ensure that human rights of the affected population are protected. The United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement (hereafter UN Guidelines), presented by the UN Special Rapporteur on adequate housing and acknowledged by the UN Human Rights Council in 2007, contain several useful provisions that aim to protect human rights. In particular, the UN Guidelines:

• Seek to minimise evictions and displacement by seeking alternatives;
• Specify that evictions can only take place in 'exceptional circumstances' for the protection of the health and well-being of residents; and,
• In cases of 'exceptional circumstances,' lay down operational procedures to be followed by both state and non-state actors at each stage of the eviction process: before, during and after, in compliance with international human rights standards.

The UN Guidelines emphatically state that evictions may only take place in 'exceptional circumstances' for the general welfare. They must be authorized by law, take place in accordance with international human rights standards, must be reasonable and proportional, and must ensure full and fair compensation and rehabilitation. The UN Guidelines (paragraphs 13 - 20) elaborate on basic human rights principles. They affirm that everyone is entitled to the human right to adequate housing, which includes the rights to protection against arbitrary or unlawful interference with privacy, family, home, and to legal security of tenure. The UN Guidelines further assert that:

• States must ensure that protection against forced evictions and the human right to adequate housing and secure tenure, are guaranteed without discrimination of any kind on the basis of race, colour, sex, language, religion or belief, birth or other status;
• States must ensure the equal right of women and men in protection from forced evictions; and,
• All persons, groups and communities have the right to resettlement, which includes the right to alternative land and housing that must satisfy the criteria of adequacy, which is: accessibility, affordability, habitability, security of tenure, cultural adequacy, suitability of location, and access to essential services such as health and education.

The UN Guidelines then lay down operational procedures, based on human rights standards, to be followed at each stage of an eviction: before, during and after.

1. Before Evictions (Paragraphs 37 - 44)

Before any proposed eviction, the government (and other involved actors) must:

• Explore fully all possible alternatives to eviction.
• Hold effective consultations and / or public hearings with affected persons, including women and vulnerable and marginalised groups, for an opportunity to review, comment and / or object to the eviction decision and present alternative proposals.
• Carry out comprehensive and holistic 'eviction impact assessments' to assess the potential costs and losses (material and non-material) of the proposed eviction. Impact assessments must take into account the differential impacts of forced evictions on women, children, older persons and marginalised sections of society. They should be based on the collection of disaggregated data.
• Demonstrate that the eviction is unavoidable.
• Issue notice, in writing and in the local language, to all potentially affected persons of the exact date of the eviction, a detailed justification for the decision, and plans for resettlement.
• Ensure that no one is rendered homeless or vulnerable to the violation of other human rights.
• Take appropriate measures to ensure that adequate alternative housing, resettlement or access to productive land is provided, as close as possible to the original place of residence and source of livelihood of those evicted.
• Ensure that all resettlement measures are taken and are consistent with these guidelines and internationally recognised human rights principles, and completed before those who are to be evicted are moved from their original areas of dwelling.

2. During Evictions (Paragraphs 45 - 51)

During an eviction, the government (and other authorities responsible for the eviction) must:

• Ensure the presence of government officials / representatives and / or neutral observers at the eviction site.
• Ensure that evictions do not take place in inclement weather, at night, during religious holidays or festivals, prior to elections, and during or before school / college examinations.
• Take steps to ensure that women are not subjected to gender-based discrimination and violence, and that rights of children are protected.
• Ensure that no one is subjected to attacks or other acts of violence, or arbitrarily deprived of property or possessions.
• Respect principles of necessity and proportionality when adopting legal use of force.
• Ensure that evicted persons are not forced to demolish their own dwellings or other structures.

3. After Evictions (Paragraphs 52 - 58)

After evictions, the government (and other authorities responsible for the eviction) must:

• Immediately provide just compensation and sufficient alternative accommodation or restitution.
• Immediately provide, to all evicted persons or groups: (a) essential food, potable water and sanitation; (b) basic shelter and housing; (c) appropriate clothing; (d) essential medical services; (e) livelihood sources; (f) fodder for livestock and access to common property resources; and (g) education for children and childcare facilities.
• Ensure that members of the same extended family or community are not separated as a result of the eviction.
• Ensure equal participation of women in all planning processes and in the distribution of basic services and supplies.
• Provide immediate medical care and psychological assistance to all evicted persons and pay special attention to the needs of women and children.
• Ensure that the identified relocation sites fulfill the criteria for adequate housing according to international human rights law.
• Ensure that the human rights of women, children, indigenous people and other vulnerable groups are equally protected, including their right to property ownership and access to resources.
• Guarantee the right of all affected persons to full and prior informed consent regarding relocation.
• Provide sufficient information to all affected persons relating to the concerned resettlement. Particular attention must be paid to ensuring that indigenous peoples, minorities, the landless, women and children are represented and included in this process.
• Ensure that resettlement is carried out with the full participation of affected persons, groups and communities. States should, in particular, take into account all alternative plans proposed by the affected persons, groups and communities.
• Ensure that those affected by an eviction do not suffer detriment to their human rights.

The UN Guidelines also contain provisions for:

Monitoring, Evaluation and Follow-up (Paragraphs 69 - 70)

• States should actively monitor and carry out quantitative and qualitative evaluations to determine the number, type and long-term consequences of evictions, including forced evictions.
• Monitoring reports and findings should be made available to the public and concerned international parties in order to promote the development of best practices and problem-solving experiences based on lessons learned.
• States should entrust an independent national body, such as a national human rights institution, to monitor and investigate forced evictions and State compliance with these guidelines and international human rights law.

Role and Responsibility of Non-state Actors (Paragraph 73)

• Transnational corporations and other business enterprises must respect the human right to adequate housing, including the prohibition on forced evictions, within their respective spheres of activity and influence.

Protection of Children's Rights

The UN Guidelines, in several provisions (paragraphs 21, 31, 33, 47, 50, 52, 54, 56) protect children's rights. In particular they:

• Aim to prevent the violation of children's right to adequate housing and protect children from forced evictions;
• State that 'eviction impact assessments' must take into account the disproportionate impacts of forced evictions;
• Insist that children are not subject to any violence during evictions;
• Stipulate that forced evictions cannot be carried out during or prior to school examinations;
• Call for priority of housing and land allocation to disadvantaged groups, including children;
• Assert that immediate relief and relocation after an eviction must include the provision of education and childcare facilities;
• Require resettlement sites to include access to schools and childcare centres; and,
• Seek to protect children's right to health and call for special attention to be paid to children's health needs.

Protection of Women's Rights

Women's rights are also protected in several paragraphs of the UN Guidelines (paragraphs 7, 15, 26, 29, 33, 34, 38, 39, 47, 50, 53, 54 and 57).

The UN Guidelines contain provisions to ensure that:

• Women's human right to adequate housing and security of tenure is protected, and that titles to housing and land are conferred on all women;
• Women have the equal right to protection from forced evictions;
• 'Eviction impact assessments' take into account the disproportionate impacts of evictions on women;
• Women are not subject to any violence and discrimination during evictions;
• Women are joint beneficiaries, together with men, in all compensation packages;
• Women have equal and effective voice in all planning and decision-making processes in order to overcome domestic, community, institutional, administrative, legal or other gender-based prejudices;
• Women's right to health is protected and that women have access to female healthcare providers and to services such as reproductive healthcare and appropriate counseling for victims of sexual and other abuses;
• Single women and widows are entitled to their own compensation; and,
• Adequate training is carried out on women's rights, with a special emphasis on women's concerns and requirements pertaining to housing and land.