11. Whereas some evictions may be justifiable, such as in the case of persistent nonpayment of rent or of damage to rented property without any reasonable cause, it is
incumbent upon the relevant authorities to ensure that they are carried out in a manner
warranted by a law which is compatible with the Covenant and that all the legal
recourses and remedies are available to those affected.
12. Forced eviction and house demolition as a punitive measure are also inconsistent
with the norms of the Covenant. Likewise, the Committee takes note of the
obligations enshrined in the Geneva Conventions of 1949 and Protocols thereto of
1977 concerning prohibitions on the displacement of the civilian population and the
destruction of private property as these relate to the practice of forced eviction.
13. States parties shall ensure, prior to carrying out any evictions, and particularly
those involving large groups, that all feasible alternatives are explored in consultation
with the affected persons, with a view to avoiding, or at least minimizing, the need to
use force. Legal remedies or procedures should be provided to those who are affected
by eviction orders. States parties shall also see to it that all the individuals concerned
have a right to adequate compensation for any property, both personal and real, which
is affected. In this respect, it is pertinent to recall article 2.3 of the International
Covenant on Civil and Political Rights, which requires States parties to ensure "an
effective remedy" for persons whose rights have been violated and the obligation
upon the "competent authorities (to) enforce such remedies when granted".
14. In cases where eviction is considered to be justified, it should be carried out in
strict compliance with the relevant provisions of international human rights law and in
accordance with general principles of reasonableness and proportionality. In this
regard it is especially pertinent to recall General Comment 16 of the Human Rights
Committee, relating to article 17 of the International Covenant on Civil and Political
Rights, which states that interference with a person's home can only take place "in
cases envisaged by the law". The Committee observed that the law "should be in
accordance with 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".
15. 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.