Fighting against evictions

Among the struggles for the Right to Habitat, there are those of the fight against Evictions (individual and / or solid). It is important that people can firstly have access to national and international legal frameworks that govern their rights against evictions – secondly, build strategies against evictions.

1) Legal framework at european level

  • In 1997, the CESCR General Comment 7 provides the general framework for adequate housing (art. 11.1 of the Covenant) face forced evictions : In its General Comment No. 4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. It concluded that forced evictions are prima facie incompatible with the requirements of the Covenant. Having considered a significant number of reports of forced evictions in recent years, including instances in which it has determined that the obligations of States parties were being violated, the Committee is now in a position to seek to provide further clarification as to the implications of such practices in terms of the obligations contained in the Covenant. Listen more : ESCR-Net
  • The Right to an effective remedy by the competent national tribunals :The Universal Declaration of Human Rights says in his article 8 that : «Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.» This article has been used to fight against unfair evictions (ex : in Belgium)

2) Strategies of social movments

  • REPORT « HOW PEOPLE FACE EVICTIONS » (BSHF)A report (Social Housing Foundation – 2010) written about the subject at international level with various networks involved in housing rights identifies 6 resistance strategies. «The number of forced and market-driven evictions grew dramatically all over the world with devastating impacts on millions of children, women and men around the world. In spite of this negative trend, numerous initiatives succeeded in solving this problem by reducing the number of evictions, developing new policies and proving that there are alternatives to forced evictions ». Here are the identified strategies:

    Negotiate with public authorities, accept the fact of being relocated, but demand a good relocation.

    « Occupy – Resist – Live » is another strategy involving the occupation of empty buildings, resistance against evictions and the development of permanent housing solutions

    Use legal and judicial channels, favouring a positive outcome

    Start to fight, resist and develop a political viewpoint

    Develop innovative laws and policies

    Promote innovative approaches in terms of a campaign.

    Download report: REPORT ON BSHF WEBSITE

    THE POPULAR GUIDE FOR ZERO EVICTIONS AND THE DEFENSE OF TERRITORY (AIH)

    This guide has been developed by the network of the International Alliance of Inhabitants. Apart from its «zero eviction» campaign in the beginning, the guide offers a typology of the major reasons of eviction in the world: large international events and megaprojects – appropriation of agricultural land – speculative housing production – violent conflicts – etc. Then, a strategic plan is offered before identifying the successful actions:

    Define a defence strategy (pay attention to warning signs)

    Be organised at territorial and European Union level

    Build alliances

    Influence public policies

    Acquire legal instruments

    Download document: VIA INTERNATIONAL ALLIANCE OF INHABITANTS WEBSITE

    WEBSITE FOR IDENTIFYING CASES OF EVICTION (HIC – MENA)

    For several years, the network of the Habitat International Coalition (HIC MENA) has developed a website, allowing everyone to register eviction cases in the world. Publications are issued regularly in order to identify the major global trends.

    Link for submitting your eviction case: VIA HIC MENA WEBSITE