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Violations of Human Rights FORCED EVICTIONS FORCED Violations of Human Rights 2002 June COHRE The Centre on Housing Rights and Evictions (COHRE) undertakes a wide variety of activities supporting the full realization of housing rights for everyone, everywhere. COHRE actively campaigns against forced evictions wherever they occur or are planned, and views forced evictions—as does the United Nations and international law generally—as a gross violation of a range of human rights, in particular the right to adequate housing. FORCED EVICTIONS This report is the eighth in COHRE’s ‘Global Survey’ series on forced evictions aimed at increasing awareness of the often- unknown scale of this practice. A cross-section of forced evictions carried out between 1998 and 2000 are addressed in this Survey. This report also indicates that well over ten million persons are currently threatened by pending evictions in a wide range of countries. COHRE views it’s Global Survey’s as part of a larger process where forced evictions are increasingly addressed in human rights terms and treated accordingly by grassroots movements, NGOs, researchers, lawyers, policy- makers and legislators. This publication is also designed to provide a succinct historical and public record of one of the most widespread violations of economic, social and cultural rights and as an impetus to halt further abuses before they occur. COHRE continues to be actively involved in the worldwide movement against forced evictions and, when requested, pro- vides legal and advocacy assistance to potential evictees, their communities and their representatives, particularly in the framework of prevention COHRE is continually expanding it’s network with other organizations, movements, groups and individuals working on these issues and hopes to continue to solidify these relationships with the aim of finally eradicat- ing the human rights violations associated with the practice of forced evictions. Violations of Human Rights CENTRE ON COHRE • 83 Rue Montbrillant • 1202 Geneva • Switzerland HOUSING RIGHTS tel: + 41.22.734.1028 • fax: + 41.22.733.8336 AND EVICTIONS e-mail: [email protected] • website: www.cohre.org COHRE June 2002 8 F O R C E D E V I C T I O N S Violations of Human Rights Global Survey on Forced Evictions No. 8 © Copyright 2002 Centre on Housing Rights and Evictions (COHRE) Forced Evictions: Violations of Human Rights - Global Survey No. 8 All rights reserved The Centre on Housing Rights and Evictions is registered in the Netherlands as a not-for-profit organisation. Copies are available from: COHRE 83 Rue de Montbrillant 1202 Geneva, Switzerland tel: 41.22.734.10.28 fax: 41.22.733. 83.36 e-mail: [email protected] www.cohre.org ISBN 92-95004-05-1 Please send criticism or corrections to [email protected] Graphic design: Ontwerpburo Suggestie & iIlusie, Utrecht, www.illusie.nl Print: Primavera in Amsterdam, The Netherlands Cover photo by: Scott Leckie Table of Contents Preface........................................................................................................................................5 1. Introduction...........................................................................................................................7 2. Forced Evictions 1998 – 2000.................................................................................................14 Asia, the Pacific & the Middle East 15 The Americas 62 Afghanistan 15 Argentina 62 Bangladesh 15 Brazil 64 Burma (Myanmar) 16 Canada 67 Cambodia 22 Colombia 68 China 23 Cuba 72 Fiji 26 Dominican Republic 73 India 26 Ecuador 73 Indonesia 31 Guatemala 74 Israel and the Occupied Territories 32 Haiti 76 Japan 42 Honduras 76 Malaysia 42 Jamaica 78 Philippines 45 Mexico 78 Solomon Islands 48 Nicaragua 82 Sri Lanka 48 Paraguay 85 Thailand 49 Peru 86 United States of America 86 Africa 52 Venezuela 88 Botswana 52 Cameroon 52 Europe 90 Democratic Republic of Congo 52 Bosnia and Herzegovina 91 Egypt 53 Croatia 92 Kenya 53 Czech Republic 93 Liberia 54 Germany 93 Nigeria 54 Greece 94 Rwanda 56 Hungary 97 Sierra Leone 57 Ireland 98 South Africa 57 Italy 100 Sudan 59 The Netherlands 102 Swaziland 60 Romania 103 Tanzania 60 Russian Federation 103 Uganda 60 Spain 103 Zimbabwe 61 Sweden 104 United Kingdom of Great Britain 104 and Northern Ireland Yugoslavia (Federal Republic of) 107 3. Planned Forced Evictions......................................................................................................110 4. General Comment No. 7 on Forced Evictions.........................................................................118 5. Comprehensive Human Rights Guidelines on.......................................................................124 Development-Based Displacement 6. Publications Available from COHRE.......................................................................................131 Preface Every year, the forced eviction of millions of persons from their homes represents one of the most common, yet often times unrecognised, violations of human rights in the world. The arbitrary loss of one’s home places peo- ple in all corners of the globe in situations of increased vulnerability, at times going so far as to render those persons homeless. Forced eviction contravenes both the letter and the spirit of international human rights law, and erodes the basic day-to-day security that many of us take for granted. Poverty, racial and gender discrimi- nation, political oppression, civil and international conflict, and even “economic development” are all reasons which can lead to the forced eviction of people from their homes and the disintegration of entire communities. Yet, housing rights, and the right not to be forcibly evicted from one’s home, are increasingly gaining promi- nence within the international human rights field and are increasingly seen as essential components for a human life of dignity. It is in this spirit that the Centre on Housing Rights and Evictions (COHRE) is especially pleased to present Global Survey 8 on the practice of forced eviction. As many readers may notice, Global Sur- vey No. 8 has grown considerably from the previous edition. COHRE hopes that this increase in information can assist other organisations and advocates in their efforts to promote, protect and enforce housing rights within their own spheres of influence and expertise. In fact, the growth of COHRE as an organisation has continued since the publication of our previous Global Sur- vey 7. In the past three years, COHRE has expanded and strengthened its regional programmes, which now include the Asia and Pacific Programme based in Melbourne, Australia; the Africa Programme based in Lagos, Nigeria; and the Americas Programme based in Pôrto Alegre, Brazil. Also, in addition to its Women and Housing Rights Programme, COHRE has added a second thematic programme, the Housing and Property Restitution Pro- gramme, which is devoted to finding durable solutions to ensure the voluntary, safe and dignified return of refugees and internally displaced persons by securing possession of, and secure tenure in, their former homes. COHRE has also benefited from the hard work and enthusiasm of several new consultants, including Harriet Martin (Media Officer), Ken Fernandes (Asia and Pacific Programme Coordinator), Depika Sherchan (Asia and Pacific Programme Assistant), Bret Thiele (Legal Officer), Fionn Skiotis (Documentary Filmmaker), Mayra Gómez (Research Officer), Yousif Ahmed (Africa Programme), Leticia Marques Osorio (Americas Programme Coordina- tor) and Steven Ablondi (Senior Research Officer). COHRE’s consultancy staff brings to the organisation a wealth of diverse background and experience, and all have contributed to the continued success of COHRE. All of these programmes ensure that COHRE’s activities in the areas of women’s rights, refugee and IDP return, the Americas, Africa and Asia will increasingly grow to help make housing rights a reality in the lives of many of the world’s most marginalised and traumatised peoples. The reach and effectiveness of our work towards reducing the prevalence, scale and violence associated with forced evictions will continue, and we hope that you will join us in the effort. It is through this cooperation and solidarity that greater respect may be given to the right to adequate housing. We at COHRE believe that everyone, no matter who they are and no matter where they live, has a right to an adequate place in which to live. Though we have grown a great deal in recent years, some things have remained the same at COHRE. First and foremost, COHRE is committed to promote and protect the right to housing and the right to be free from the practice of forced eviction for everyone, everywhere. In keeping with this aspect of our mandate, we continue to monitor forced evictions, collect and disseminate information on forced evictions, lobby the United Nations Violations of Human Rights 1999-2002 5 to adopt improved international human rights standards on forced eviction, and assist in local struggles against forced evictions in every region of the world. And so, because millions of people continue to be forcibly evicted from their homes each year and because several million more people are currently threatened with forced eviction, COHRE has published this eighth Global Survey on Forced Evictions. Global Survey No. 8 is very much a collective and collaborative effort, involving many people, organisations, movements and groups throughout the world, and we owe a great deal of thanks to the efforts of other advo- cates who have
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