E/C.12/1997/4
page 2
damage or destroy them” was recognized. 2 Agenda 21 stated that “people
should be protected by law against unfair eviction from their homes or
land”. 3 In the Habitat Agenda Governments committed themselves to
“protecting all people from, and providing legal protection and redress for,
forced evictions that are contrary to the law, taking human rights into
consideration; [and] when evictions are unavoidable, ensuring, as appropriate,
that alternative suitable solutions are provided”. 4 The Commission on Human
Rights has also indicated that “forced evictions are a gross violation of
human rights”. 5 However, although these statements are important, they leave
open one of the most critical issues, namely that of determining the
circumstances under which forced evictions are permissible and of spelling out
the types of protection required to ensure respect for the relevant provisions
of the Covenant.
3.
The use of the term “forced evictions” is, in some respects,
problematic. This expression seeks to convey a sense of arbitrariness and of
illegality. To many observers, however, the reference to “forced evictions”
is a tautology, while others have criticized the expression “illegal
evictions” on the ground that it assumes that the relevant law provides
adequate protection of the right to housing and conforms with the Covenant,
which is by no means always the case. Similarly, it has been suggested that
the term “unfair evictions” is even more subjective by virtue of its failure
to refer to any legal framework at all. The international community,
especially in the context of the Commission on Human Rights, has opted to
refer to “forced evictions”, primarily since all suggested alternatives also
suffer from many such defects.
4.
The term “forced evictions” as used throughout this General Comment is
defined as the 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. The prohibition on forced evictions does not, however,
apply to evictions carried out by force in accordance with the law and in
conformity with the provisions of the International Covenants on Human Rights.
5.
The practice of forced evictions is widespread and affects persons in
both developed and developing countries. Owing to the interrelationship and
interdependency which exist among all human rights, forced evictions
frequently violate other human rights. Thus, while manifestly breaching the
rights enshrined in the Covenant, the practice of forced evictions may also
result in violations of civil and political rights, such as the right to life,
the right to security of the person, the right to non-interference with
privacy, family and home and the right to the peaceful enjoyment of
possessions.
6.
Although the practice of forced evictions might appear to occur
primarily in heavily populated urban areas, it also takes place in connection
with forced population transfers, internal displacement, forced relocations in
the context of armed conflict, mass exoduses and refugee movements. In all of
these contexts, the right to adequate housing and not to be subjected to
forced eviction may be violated through a wide range of acts or omissions
attributable to States Parties. Even in situations where it may be necessary
to impose limitations on such a right, full compliance with article 4 of the