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the provisions, aims and objectives of the Covenant and should be, in any
event, reasonable in the particular circumstances”. The Committee also
indicated that “relevant legislation must specify in detail the precise
circumstances in which such interferences may be permitted”.
16.
Appropriate procedural protection and due process are essential aspects
of all human rights but are especially pertinent in relation to a matter such
as forced evictions which directly invokes a large number of the rights
recognized in both the International Covenants on Human Rights. The Committee
considers that the procedural protections which should be applied in relation
to forced evictions include: (a) an opportunity for genuine consultation with
those affected; (b) adequate and reasonable notice for all affected persons
prior to the scheduled date of eviction; (c) information on the proposed
evictions, and, where applicable, on the alternative purpose for which the
land or housing is to be used, to be made available in reasonable time to all
those affected; (d) especially where groups of people are involved, government
officials or their representatives to be present during an eviction; (e) all
persons carrying out the eviction to be properly identified; (f) evictions not
to take place in particularly bad weather or at night unless the affected
persons consent otherwise; (g) provision of legal remedies; and (h) provision,
where possible, of legal aid to persons who are in need of it to seek redress
from the courts.
17.
Evictions should not result in individuals being rendered homeless or
vulnerable to the violation of other human rights. Where those affected are
unable to provide for themselves, the State Party must take all appropriate
measures, to the maximum of its available resources, to ensure that adequate
alternative housing, resettlement or access to productive land, as the case
may be, is available.
18.
The Committee is aware that various development projects financed by
international agencies within the territories of State Parties have resulted
in forced evictions. In this regard, the Committee recalls its General
Comment No. 2 (1990) which states, inter alia, that “international agencies
should scrupulously avoid involvement in projects which, for example ...
promote or reinforce discrimination against individuals or groups contrary to
the provisions of the Covenant, or involve large-scale evictions or
displacement of persons without the provision of all appropriate protection
and compensation. Every effort should be made, at each phase of a development
project, to ensure that the rights contained in the Covenant are duly taken
into account”. 6
19.
Some institutions, such as the World Bank and the Organization for
Economic Cooperation and Development (OECD) have adopted guidelines on
relocation and/or resettlement with a view to limiting the scale of and human
suffering associated with forced evictions. Such practices often accompany
large-scale development projects, such as dam-building and other major energy
projects. Full respect for such guidelines, insofar as they reflect the
obligations contained in the Covenant, is essential on the part of both the
agencies themselves and States Parties to the Covenant. The Committee recalls
in this respect the statement in the Vienna Declaration and Programme of
Action to the effect that “while development facilitates the enjoyment of all