Noting the concluding
observations of the Committee on Economic, Social and Cultural Rights
at its fifth (1990) to tenth (1994) sessions concerning forced evictions
within specific States parties,
Noting also the inclusion of forced evictions as
one of the primary causes of the international housing crisis in
the working paper and the first and second progress reports of the
Special Rapporteur on promoting the realization of the right to
adequate housing, Mr. Rajindar Sachar (E/CN.4/Sub.2/1992/15, E/CN.4/Sub.2/1993/15
and E/CN.4/Sub.2/1994/20),
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;
2. Strongly urges Governments to undertake immediately
all necessary measures, at all levels, towards eliminating the practice
of forced eviction, in particular those Governments on whose territories
forced evictions are currently planned to take place;
3. Also strongly urges Governments to confer legal
security of tenure on all persons currently threatened with forced
eviction and to adopt all necessary legal, administrative and other
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 or needs, to
persons and communities that have been forcibly evicted,
following mutually satisfactory negotiations with the affected persons
or groups;
5. Invites all international financial, trade, development
and other related institutions and agencies, in particular those
associated with the United Nations, to take fully into account the
views contained in the present resolution, and pronouncements under
international law on the practice of forced eviction;
6. Invites the Committee on Economic, Social and
Cultural Rights to consider adopting a general comment on forced
evictions with reference to the specific obligations of States parties
as contained in the International Covenant on Economic, Social and
Cultural Rights, in particular as they relate to the right to adequate
food and housing;
7. Invites all country and thematic rapporteurs
of both the Sub-Commission and the Commission on Human Rights to
include cases of forced eviction in their respective reports and
to seek to monitor consistently the practice of forced evictions
as it relates to the countries and themes involved;
8. Invites the treaty bodies to examine forced evictions
within the context of their respective mandates;
9. Requests the Preparatory Committee for the United
Nations Conference on Human Settlements (Habitat II), to be held
in 1996, to address the issue of forced eviction, in particular
as a violation of the right to adequate housing, in the agenda,
the principles and guidelines and the plan of action to be developed
within the framework of the Conference;
10. Requests the Secretary-General, in view of the
numerous developments concerning this practice within various programmes
of the United Nations, to compile and publish, within the Human
Rights Fact Sheet series, a fact sheet on forced evictions and human
rights;
11. Requests the Commission on Human Rights to consider
how best to proceed with further activities on the question of forced
eviction under the agenda item dealing with the realization of economic,
social and cultural rights;
12. Requests the Secretary-General, in accordance
with paragraph 172 of his analytical report (E/CN.4/1994/20), to
prepare a series of guidelines on international events and forced
evictions;
13. Decides to consider the issue of forced evictions
at its forty-seventh session under the agenda item entitled "The
realization of economic, social and cultural rights" and to
determine at its forty-seventh session how most effectively to continue
its consideration
of the issue of forced evictions. |
