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Covenant is required so that any limitations imposed must be “determined by
law only insofar as this may be compatible with the nature of these [i.e.
economic, social and cultural] rights and solely for the purpose of promoting
the general welfare in a democratic society”.
7.
Many instances of forced eviction are associated with violence, such as
evictions resulting from international armed conflicts, internal strife and
communal or ethnic violence.
8.
Other instances of forced eviction occur in the name of development.
Evictions may be carried out in connection with conflict over land rights,
development and infrastructure projects, such as the construction of dams or
other large-scale energy projects, with land acquisition measures associated
with urban renewal, housing renovation, city beautification programmes, the
clearing of land for agricultural purposes, unbridled speculation in land, or
the holding of major sporting events like the Olympic Games.
9.
In essence, the obligations of States Parties to the Covenant in
relation to forced evictions are based on article 11.1, read in conjunction
with other relevant provisions. In particular, article 2.1 obliges States to
use “all appropriate means” to promote the right to adequate housing.
However, in view of the nature of the practice of forced evictions, the
reference in article 2.1 to progressive achievement based on the availability
of resources will rarely be relevant. The State itself must refrain from
forced evictions and ensure that the law is enforced against its agents or
third parties who carry out forced evictions (as defined in para. 3 above).
Moreover, this approach is reinforced by article 17.1 of the International
Covenant on Civil and Political Rights which complements the right not to be
forcefully evicted without adequate protection. That provision recognizes,
inter alia, the right to be protected against “arbitrary or unlawful
interference” with one’s home. It is to be noted that the State’s obligation
to ensure respect for that right is not qualified by considerations relating
to its available resources.
10.
Article 2.1 of the Covenant requires States Parties to use “all
appropriate means”, including the adoption of legislative measures, to promote
all the rights protected under the Covenant. Although the Committee has
indicated in its General Comment No. 3 (1990) that such measures may not be
indispensable in relation to all rights, it is clear that legislation against
forced evictions is an essential basis upon which to build a system of
effective protection. Such legislation should include measures which (a)
provide the greatest possible security of tenure to occupiers of houses and
land, (b) conform to the Covenant and (c) are designed to control strictly the
circumstances under which evictions may be carried out. The legislation must
also apply to all agents acting under the authority of the State or who are
accountable to it. Moreover, in view of the increasing trend in some States
towards the Government greatly reducing its responsibilities in the housing
sector, States Parties must ensure that legislative and other measures are
adequate to prevent and, if appropriate, punish forced evictions carried out,
without appropriate safeguards, by private persons or bodies. States Parties
should therefore review relevant legislation and policies to ensure that they