Forced Evictions : Draft Resolution / Submitted By Mr. Eide, Mr. Maxim, Ms. Palley, Mr. Saboia, Mr. Sachar And Mr. Yimer

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,  Recalling its resolutions 1992/14 of 27 August 1992 and 1991/12 of 26 August 1991, Recalling also Commission on Human Rights resolution 1993/77 of 10 March 1993, Reaffirming that every woman, man, and child has the right to a secure place to live in peace and dignity, Concerned that, according to United Nations statistics, in excess of one billion persons throughout the world are homeless or inadequately housed, and that this number is growing, GE.93-14962 (E)

Recognizing that the practice of forced eviction involves the involuntary removal of persons, families and groups from their homes and communities, resulting in increased levels of homelessness and in inadequate housing and living conditions, Disturbed that forced evictions and homelessness intensify social conflict and inequality and invariably affect the poorest, most socially, economically, environmentally and politically disadvantaged and vulnerable sectors of society, Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a range of actors, Also aware that racially motivated and other discriminatory motives are behind a large number of forced evictions, Emphasizing that ultimate legal 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).
Mindful of the questions concerning forced evictions included in the guidelines for States’ reports submitted in conformity with articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights (E/1991/23, annex IV),
Noting with appreciation that the Committee on Economic, Social and Cultural Rights, in its General Comment No. 4 (1991) considered that instances of forced evictions 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).

Noting the observations of the Committee on Economic, Social and Cultural Rights at its fifth to eighth sessions concerning forced evictions,
Noting also the inclusion of forced evictions as one of the primary causes of the international housing crisis in the working paper and first
progress report of the Special Rapporteur on promoting the realization of the right to adequate housing, Mr. Rajindar Sachar (E/CN.4/Sub.2/1992/15 and E/CN.4/Sub.2/1993/15),

1. Reaffirms that the practice of forced evictions constitutes a gross violation of human rights, in particular the right to adequate housing;
2. Strongly urges Governments to undertake all necessary immediate measures, at all levels, aimed at rapidly eliminating the practice of forced evictions;
3. Also strongly urges Governments to confer legal security of tenure to all persons currently threatened with forced eviction and to adopt all
necessary measures giving full protection against forced evictions, 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 or needs, to persons and communities that have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups;
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 pronouncements under international law on the practice of forced eviction;
6. Invites all country and thematic rapporteurs of both the Sub-Commission and the Commission on Human Rights to include instances of
forced eviction in their respective reports and to seek to monitor the practice;

7. Requests the Secretary-General, in compiling the analytical report on the practice of forced eviction, as requested by the Commission in its
resolution 1993/77, to examine the question of appointing a special rapporteur on forced evictions and to outline additional measures designed to reduce and eliminate this practice;
8. Decides to consider the issue of forced evictions at its forty-sixth session and to discuss the analytical report of the
Secretary-General 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.

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