Forced evictions
Sub-Commission resolution 1995/29
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 28 August 1993 and 1994/39 of 26 August 1994,
Recalling also Commission on Human Rights resolution 1993/77 of 10 March 1993,
Recalling further the analytical report on forced evictions prepared by the Secretary-General (E/CN.4/1994/20),
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 from one's home, land or community,
Recognizing that the often violent practice of forced eviction
involves the coerced and involuntary removal of persons, families and
groups from their homes, lands and communities, whether or not deemed
legal under prevailing systems of law, resulting in greater
homelessness and inadequate housing and living conditions,
Disturbed that forced evictions and homelessness intensify
social conflict and inequality and almost 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, all of
which possess legal obligations to refrain from such practices,
Aware also that discriminatory motivations are the actual basis of a large number of forced evictions,
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),
Mindful of the questions concerning forced eviction included in
the guidelines for States parties' 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) on the right
to adequate housing 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),
Taking note of the observations of the Committee on Economic,
Social and Cultural Rights concerning forced evictions, in which the
Committee has clearly equated this practice with violations of the
obligations arising under the International Covenant on Economic,
Social and Cultural Rights,
Recalling that forced evictions are unacceptable under
international human rights law unless accompanied by all necessary
legal and other safeguards, including due process, when carried out
against any persons, notwithstanding their tenure status,
Taking note of the explicit recommendations concerning the
practice of forced evictions contained in the final report of the
Special Rapporteur on the right to adequate housing
(E/CN.4/Sub.2/1995/12, chap. VIII),
Aware of the many similarities between the phenomena of forced
evictions, internal displacement, population transfer, mass expulsions,
mass exodus, "ethnic cleansing" and other practices involving the
coerced and involuntary movement of people from their homes, lands and
communities,
1. Reaffirms that the practice of forced eviction
constitutes a gross violation 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
security of the home, the right to security of tenure, the right to
food and a variety of additional rights;
2. Strongly urges Governments to undertake immediately
measures, at all levels, aimed at rapidly eliminating the practice of
forced eviction through, inter alia, immediately renouncing
existing plans involving forced evictions, repealing legislation
allowing forced evictions and ensuring the right to security of tenure
to all citizens and other residents;
3. Also strongly urges Governments to confer legal
security of tenure on all persons, in particular those 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, 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 to take fully into account
the views contained in the present resolution and other pronouncements
under international human rights and humanitarian law on the practice
of forced eviction;
6. Requests the High Commissioner for Human Rights to give
due attention to the practice of forced eviction in discharging his
responsibilities and to undertake measures, whenever possible, to
persuade Governments to halt planned forced evictions from taking place
and to ensure the provision of adequate compensation when evictions
have already occurred;
7. Requests the United Nations Conference on Human
Settlements (Habitat II) to take fully into account the practice of
forced eviction as a gross violation of human rights and to include in
the final declaration and plan of action explicit references to the
non-acceptability of this practice under international human rights law
and concrete measures designed to prevent forced evictions;
8. Requests the United Nations Centre for Human
Settlements (Habitat) in implementing its housing rights strategy (see
HS/C/15/INF.7) to do everything within its power to prevent the
practice of forced eviction by, inter alia, using the good
offices of the Secretary-General to persuade Governments to refrain
from carrying out forced evictions and by compiling annual lists of all
eviction cases brought to its attention;
9. Takes note of the report of the Secretary-General on guidelines for international events and forced evictions (E/CN.4/Sub.2/1995/13);
10. Requests the Secretary-General to submit an updated report to the Sub-Commission at its forty-eighth session;
11. Also requests the Secretary-General to convene an
expert seminar on the practice of forced eviction and the relationship
of this practice to internationally recognized human rights, with a
view to developing comprehensive human rights guidelines on
development-based displacement;
12. Decides to consider the issue of forced evictions at
its forty-eighth session 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.
35th meeting
24 August 1995
[Adopted without a vote.]
