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. 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.
4. 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.
5. 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 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".
6. Many instances of forced eviction are associated with violence, such as evictions
resulting from international armed conflicts, internal strife and communal or ethnic
violence.
7. 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