E/C.12/GC/26 legitimate objective of the eviction and its consequences for the evicted persons. 33 That obligation arises from the interpretation of the State party’s obligations under article 2 (1) of the Covenant, read in conjunction with article 11, and in accordance with the requirements of article 4, which stipulates the conditions under which limitations on the enjoyment of the rights under the Covenant are permitted. Firstly, the limitation shall be determined by law. Secondly, it shall promote the general welfare or “public purpose” in a democratic society. Thirdly, it shall be suited to the legitimate purpose cited. Fourthly, the limitation shall be necessary, in the sense that it is the least restrictive measure to fulfil the legitimate purpose. Lastly, the benefits of the limitation in promoting the general welfare shall outweigh the impact on the enjoyment of the right being limited.34 States parties shall clearly define the concepts of public purpose in law, in order to allow for judicial review. States parties shall introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards.35 24. Where people have been relocated and given alternative accommodation, alternative housing shall be safe and provide security of tenure, enabling access to public services, including education, health care, community engagement and livelihood opportunities. 36 Every effort shall be made not to break up communities, given their crucial role in supporting and sustaining neighbour networks and livelihood support. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. 37 In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. 25. Where the State owns or controls land, it should ensure that the legitimate land tenure rights of individuals and communities, even within customary tenure systems, are recognized and respected. Collective systems of use and management of land, be they traditional systems, cooperatives or other forms of common management, should be identified, recognized and registered. Policies aimed at granting tenure rights of publicly owned land to landless peasants should follow broader social and environmental objectives in accordance with human rights obligations. Local communities that have traditionally used the land should be prioritized in the reallocation of tenure rights. 2. Obligation to protect 26. The obligation to protect requires States parties to adopt measures to prevent any person or entity from interfering with the rights enshrined in the Covenant relating to land, including the access to, use of and control over land. States parties shall protect access to land by ensuring that no one is forcibly evicted and that their access rights to land are not otherwise infringed by third parties. States parties should also ensure that legitimate tenure rights are protected in all processes relating to transfer of these rights, including voluntary or involuntary transactions because of investments, land consolidation policies or other landrelated readjustment and redistribution measures. Notwithstanding the type of land tenure systems put in place, States parties shall take measures to ensure that all persons possess a reasonable degree of security in relation to their relationship with land and to protect legitimate tenure rights holders from eviction, illegal land dispossession, appropriation, harassment and other threats. In addition, States parties should take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with the 27. 33 34 35 36 37 8 Ben Djazia et al. v. Spain (E/C.12/61/D/5/2015), para. 13.4. Gómez-Limón Pardo v. Spain (E/C.12/67/D/52/2018), para. 9.4. For further reference, see the basic principles and guidelines on development-based evictions and displacement. See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991). A/HRC/13/33/Add.2, annex, principle 2; and African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights (2012), paras. 51–55 and 77–79. GE.23-00043