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.
8. 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 paragraph 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.
9. 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 are
compatible with the obligations arising from the right to adequate housing and repeal
or amend any legislation or policies that are inconsistent with the requirements of the
Covenant.
10. Women, children, youth, older persons, indigenous people, ethnic and other
minorities, and other vulnerable individuals and groups all suffer disproportionately
from the practice of forced eviction. Women in all groups are especially vulnerable
given the extent of statutory and other forms of discrimination which often apply in
relation to property rights (including home ownership) or rights of access to property
or accommodation, and their particular vulnerability to acts of violence and sexual
abuse when they are rendered homeless. The non-discrimination provisions of articles
2.2 and 3 of the Covenant impose an additional obligation upon Governments to
ensure that, where evictions do occur, appropriate measures are taken to ensure that
no form of discrimination is involved.