16. Evictions should not result in individuals being rendered homeless or vulnerable
to the violation of other human rights. Where those affected are unable to provide for
themselves, the State party must take all appropriate measures, to the maximum of its
available resources, to ensure that adequate alternative housing, resettlement or access
to productive land, as the case may be, is available.
17. The Committee is aware that various development projects financed by
international agencies within the territories of State parties have resulted in forced
evictions. In this regard, the Committee recalls its General Comment No. 2 (1990)
which states, inter alia, that "international agencies should scrupulously avoid
involvement in projects which, for example ... promote or reinforce discrimination
against individuals or groups contrary to the provisions of the Covenant, or involve
large-scale evictions or displacement of persons without the provision of all
appropriate protection and compensation. Every effort should be made, at each phase
of a development project, to ensure that the rights contained in the Covenant are duly
taken into account". 6/
18. Some institutions, such as the World Bank and the Organisation for Economic
Cooperation and Development (OECD) have adopted guidelines on relocation and/or
resettlement with a view to limiting the scale of and human suffering associated with
forced evictions. Such practices often accompany large-scale development projects,
such as dam-building and other major energy projects. Full respect for such
guidelines, insofar as they reflect the obligations contained in the Covenant, is
essential on the part of both the agencies themselves and States parties to the
Covenant. The Committee recalls in this respect the statement in the Vienna
Declaration and Programme of Action to the effect that "while development facilitates
the enjoyment of all human rights, the lack of development may not be invoked to
justify the abridgement of internationally recognized human rights" (Part I, para. 10).
19. In accordance with the guidelines for reporting adopted by the Committee, State
parties are requested to provide various types of information pertaining directly to the
practice of forced evictions. This includes information relating to (a) the "number of
persons evicted within the last five years and the number of persons currently lacking
legal protection against arbitrary eviction or any other kind of eviction", (b)
"legislation concerning the rights of tenants to security of tenure, to protection from
eviction" and (c) "legislation prohibiting any form of eviction". 7/
20. Information is also sought as to "measures taken during, inter alia, urban renewal
programmes, redevelopment projects, site upgrading, preparation for international
events (Olympics and other sporting competitions, exhibitions, conferences, etc.)
'beautiful city' campaigns, etc. which guarantee protection from eviction or guarantee
rehousing based on mutual consent, by any persons living on or near to affected sites".
8/
However, few States parties have included the requisite information in their reports
to the Committee. The Committee therefore wishes to emphasize the importance it
attaches to the receipt of such information.
21. Some States parties have indicated that information of this nature is not available.
The Committee recalls that effective monitoring of the right to adequate housing,
either by the Government concerned or by the Committee, is not possible in the
absence of the collection of appropriate data and would request all States parties to