EU.T.Bulgaria.001.Barite.PL.20Arp10
27 April 2010
The Honourable First Dame Yordanka Fandakova Office of the Mayor of Sofia 33 Moskovska str. 1000 Sofia BULGARIA Re: Threatened forced evictions among the Barite community in Sofia
Dear Madame Mayor, The Centre on Housing Rights and Evictions (COHRE) is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions. COHRE also has consultative status with the Council of Europe and is authorized to lodge collective complaints before the European Committee of Social Rights. COHRE is gravely concerned about the threat of forced eviction of nine Romani families from the Barite community in Sofia. Forced eviction cannot be an option in this case. COHRE reiterates that the international community has referred to forced evictions a gross violation of human rights, particularly affecting the right to adequate housing.1 In its General Comment No. 4, the United Nations Committee on Economic, Social and Cultural Rights states that “the instances of forced eviction are prima facie incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights (ICESCR).2 The Republic of Bulgaria ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) on 21 September 1970. As a State Party to the ICESCR, it is bound to comply with the State Party obligations contained within this international treaty, including the obligations to respect, protect and fulfil the right to adequate housing enshrined in Article 11. 1
Commission on Human Rights, resolutions 1993/77 and 2004/24. Committee on Economic, Social and Cultural Rights, General Comment 4, The right to adequate housing, para. 18, (Sixth session, 1991), U.N. Doc. E/1992/23, annex III at 114 (1991), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 18 (2003). 2
EU.T.Bulgaria.001.Barite.PL.20Arp10
Page Two COHRE would like to draw your attention to the fact that under international human rights law, evictions can never be considered as lawful, unless they satisfy certain legal requirements as articulated in General Comments numbers 4 and 7 of the Committee on Economic, Social and Cultural Rights. These are: First, evictions may only occur in very “exceptional circumstances” and in accordance with the relevant principles of international law.3 Second, authorities must ensure, prior to any planned evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with affected persons, with a view to avoiding, or at least minimizing, the need to use force.4 Third, in those rare cases where eviction is otherwise considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality. These include, inter alia: Genuine consultation with those affected; Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; 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; Especially where groups of people are involved, government officials or their representatives to be present during an eviction; All persons carrying out the eviction to be property identified; Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; Provision of legal remedies; and Provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.5
3
Id. Committee on Economic, Social and Cultural Rights, General Comment 7, Forced evictions, and the right to adequate housing, para. 14, (Sixteenth session, 1997), U.N. Doc. E/1998/22, annex IV at 113 (1997), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 45 (2003). 5 Id. at para. 16. 4
EU.T.Bulgaria.001.Barite.PL.20Arp10
Page Three Finally, even if the above conditions have been met, evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the authorities 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.6 Furthermore, evictions cannot be undertaken in a discriminatory manner.7 Additionally, as a State Party to the International Convention on the Elimination of All Forms of Racial Discrimination, ratified by the Republic of Bulgaria on 8 August 1966, Bulgaria and its political subdivisions are legally obligated to condemn racial segregation and undertake to prevent, prohibit and eradicate racial segregation as well as to eliminate racial discrimination in all its forms and to guarantee the right of everyone to, inter alia, the right to housing.8 Again, it is essential and legally required that the above human rights framework be applied in this case, including the requirement that all feasible alternatives to eviction are explored in consultation with affected persons. Sincerely,
Salih Booker Executive Director Centre on Housing Rights and Evictions (COHRE)
cc:
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The Honourable Chakarov Mayor of Krasna Polyana, Osvodozdenie, 25 1330 Sofia, BULGARIA
Id. at para. 17. See Article 2(2) of the International Covenant on Economic, Social and Cultural Rights. 8 See Articles 2, 3 and 5(e)(iii) International Convention on the Elimination of Ass Forms of Racial Discrimination. 7