Forced evictions
Sub-Commission on Human Rights resolution 1993/41
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,
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,
Aware also 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 eviction
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 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),
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 eviction
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 eviction;
3. Also strongly urges Governments to confer legal
security of tenure on all persons 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 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. Decides to consider the issue of forced evictions at
its forty-sixth session and to discuss the analytical report of the
Secretary-General prepared in accordance with Commission on Human
Rights resolution 1993/77 under the agenda item entitled "The
realization of economic, social and cultural rights" and determine how
most effectively to continue its consideration of the issue of forced
evictions.
34th meeting
26 August 1993
[Adopted without a vote.]
