THE COMMISSION ON HUMAN RIGHTS
Recalling resolution 1991/12 (Forced evictions) of 26 August 1991 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Also recalling 1992/10 of 2 February 1992, in which it took note with particular interest of General Comment No. 4 (1991) on the right to adequate housing (E/1992/23, annex III) adopted on 12 December 1991 by Committee on Economic, Social and Cultural Rights at its sixth session and the reaffirmed importance attached in this framework to respect for human dignity and the principle of non-discrimination,
Reaffirming that every woman, man and child has the right to a secure place to live in peace and dignity,
Concerned that, according to United Nations statistics, in excess of one billion persons throughout the world are homeless or inadequately housed, and that this number is growing,
Recognizing that the practice of forced eviction involves the involuntary removal of persons, families and groups from their homes and communities, resulting in increased levels of homelessness and in inadequate housing and living conditions,
Disturbed that forced evictions and homelessness intensify social conflict and inadequately and invariably affect the protest, most socially, economically, environmentally and politically disadvantaged and vulnerable sectors of society,
Aware that forced evictions can be carried out, sanctioned, demanded, proposed, initiated or tolerated by a range of actors,
Emphasizing that ultimate legal responsibility for preventing forced evictions rests with governments,
Recalling that General Comment No. 2 on international technical assistance measures(1990), adopted by the Committee on Economic, Social and Cultural Rights at its fourth session, states, inter alia, that international agencies should scrupulously avoid involvement in projects which, inter alia, involve large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation,
Mindful of the questions concerning forced evictions included in the guidelines for States' reports (E/1991/23, annex IV) submitted in conformity with articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights,
Noting with Appreciation that the Committee on Economic, Social and Cultural Rights, in its General Comment No. 4, considered that instances of forced evictions were, prima facie, incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights and could only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law,
Taking note of the observations of the Committee on Economic, Social and Cultural Rights at its fifth(1990) and sixth(1991) sessions concerning forced evictions,
Taking note also of the inclusion of forced evictions as one of the primary causes of the international housing crisis in the working paper on the right to adequate housing, prepared by Mr. Rajindar Sachar (E/CN.4/Sub.2/1992/15),
Taking note further of Sub-Commission resolution 1992/14 (Forced evictions) of 27 August 1992,
1. Affirms that the practice of forced evictions constitutes a gross violation of human rights, in particular the right to adequate housing;
2. Urges Governments to undertake immediate measures, at all levels, aimed at eliminating the practice of forced evictions;
3. Also urges Governments to confer legal security of tenure to all persons currently threatened with forced eviction and to adopt all necessary measures giving full protection against forced evictions, 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 which have been forcibly evicted, following mutually satisfactory negotiations with the affected persons or groups;
5. Requests the Secretary-General to transmit the present resolution to Governments, relevant United Nations bodies, including the United Nations Centre on Human Settlements, the specialized agencies, regional and intergovernmental organizations, non-governmental organizations and community-based organizations, soliciting their views and comments;
6. Also requests the Secretary-General to compile an analytical report on the practice of forced evictions based on an analysis of international law and jurisprudence and information submitted in accordance with the previous paragraph, and to submit his report to the Commission at its fiftieth session;
7. Decides to consider the analytical report at its fiftieth session, under item 7, entitled "The realization of economic, social and cultural rights", and to determine how most effectively to continue its consideration of the issue of forced evictions.