COHRE Forced Evictions Global Survey No.11 2009

FORCED EVICTIONS Violations of Human Rights 2007-2008

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Global Survey on Forced Evictions Violations of Human Rights 2007-2008

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Centre on Housing Rights & Evictions (COHRE) COHRE International Secretariat 83 Rue de Montbrillant 1202 Geneva SWITZERLAND tel.: +41.22.7341028 fax: +41.22.7338336 e-mail: cohre@cohre.org web: www.cohre.org COHRE Women & Housing Rights Programme (WHRP) 8 N. 2nd Avenue East Suite 208 Duluth, MN 55802 USA tel./fax: +1.218.7331370 e-mail: women@cohre.org COHRE ESC Rights Litigation Programme (LP) 8 N. 2nd Avenue East Suite 208 Duluth, MN 55802 USA tel./fax: +1.218.7331370 e-mail: litigation@cohre.org COHRE Right to Water Programme (RWP) 83 Rue de Montbrillant 1202 Geneva SWITZERLAND tel.: +41.22.7341028 fax: +41.22.7338336 e-mail: water@cohre.org COHRE Global Forced Evictions Programme (GFEP) (Postal address) PMB CT 402, Cantonments Accra (visitors address) No. 17 Fifth Crescent Street Asylum Down Accra GHANA tel.: +233.21.238821 fax: +233.21.231688 e-mail: evictions@cohre.org

COHRE Americas Programme (CAP) Rua Jeronimo Coelho 102, Sala 21 Porto Alegre, CEP 90010-240 BRAZIL tel./fax: +55.51.32121904 e-mail: cohreamericas@cohre.org CAP - US Office 8 N. 2nd Avenue East Suite 208 Duluth, MN 55802 USA tel./fax: +1.218.7331370 e-mail: litigation@cohre.org COHRE Asia & Pacific Programme (CAPP) (Postal address) P O Box 2061 Phnom Penh 3 (visitors address) No. 9A, Street 420 Sangkat Boeung Tra Beak, Chamkarmon Phnom Penh CAMBODIA tel.: +61.3.94177505 fax: +61.3.94162746 e-mail: cohreasia@cohre.org CAPP - Sri Lanka Office 106 1/1 Horton Palce Colombo SRI LANKA tel: +94.11.269.3143 e-mail: cohresrilanka@cohre.org COHRE Africa Programme (Postal address) PMB CT 402, Cantonments Accra (visitors address) No. 17 Fifth Crescent Street Asylum Down Accra GHANA tel.: +233.21.238821 fax: +233.21.231688 e-mail: cohreafrica@cohre.org

© Copyright 2009 The Centre on Housing Rights and Evictions (COHRE), Geneva, Switzerland Global Forced Evictions Survey – 2007-2008 ISBN: 978-92-95004-64-1 All rights reserved The Centre on Housing Rights and Evictions is registered in Brazil, Cambodia, Ghana, Sri Lanka, Switzerland, The Netherlands and the US as a not-for-profit organisation.

Copies are available from COHRE International Secretariat and online at: www.cohre.org/globalsurvey Prepared by the COHRE Global Forced Evictions Programme. COHRE thanks Priyadarshini Sreenivasa for compiling, analysing and preparing the main body of the report.

Cover photo: Forced eviction in Cambodia, 2007. Photo courtesy of Samakum Teang Tnaut (STT).

TABLE OF CONTENTS INTRODUCTION ...........................................................................................................7 Urbanisation and its discontents............................................................................................................ 9 Mega-events and Mega-evictions ......................................................................................................... 10 Women and forced evictions ............................................................................................................... 12 Defining forced evictions and security of tenure .............................................................................. 13 Key causes of forced evictions .......... ............................................................................................. 14 Forced evictions and international law .......................................................................................... 14 IMPLEMENTED FORCED EVICTIONS 2007-2008 .................................................. 16 AFRICA ................................................... 16 Cameroon ............................................. 16 Ethiopia ................................................ 16 Ghana .................................................... 17 Kenya .................................................... 17 Nigeria ................................................... 19 Rwanda ................................................. 20 Somalia .................................................. 21 South Africa ......................................... 21 Sudan ..................................................... 23 Tanzania................................................ 24 Uganda .................................................. 24 Zimbabwe............................................. 25 THE AMERICAS ................................. 26 Argentina .............................................. 26 Bolivia ................................................... 31 Brazil ..................................................... 31 Cayman Islands .................................... 44 Chile ...................................................... 44 Colombia .............................................. 44 Cuba ...................................................... 48 Dominican Republic ........................... 49 Ecuador................................................. 50 El Salvador ........................................... 53 Guatemala............................................. 54 Honduras .............................................. 55 Mexico................................................... 56 Nicaragua .............................................. 60 Panama.................................................. 61 Paraguay ................................................ 62

Peru ........................................................ 63 Uruguay ................................................. 65 Venezuela .............................................. 65 ASIA AND THE PACIFIC ................ 69 Afghanistan ........................................... 69 Bangladesh ............................................ 69 Burma (Myanmar)................................ 71 Cambodia .............................................. 73 China...................................................... 76 India ....................................................... 78 Indonesia............................................... 83 Iraq ......................................................... 86 Israel ...................................................... 86 Occupied Palestinian territory ........... 87 Kazakhstan ........................................... 88 Kyrgyzstan ............................................ 89 Malaysia ................................................. 89 Nepal ..................................................... 89 Pakistan ................................................. 90 Papua New Guinea.............................. 91 Philippines ............................................ 92 Sri Lanka ............................................... 96 Thailand ................................................ 97 EUROPE ................................................. 98 Greece ................................................... 98 Italy ........................................................ 98 Slovakia ............................................... 101 Spain .................................................... 102 Turkey ................................................. 102

THREATENED OR PLANNED FORCED EVICTIONS 2007-2008 ....................... 103 AFRICA ................................................. 103 Botswana ............................................ 103 Cameroon ........................................... 103 Egypt ................................................... 103 Ghana .................................................. 104 Kenya .................................................. 104 Liberia ................................................. 105 Namibia .............................................. 105 Nigeria ................................................. 106 South Africa ....................................... 106 Uganda ................................................ 108 Tanzania.............................................. 110 Zimbabwe........................................... 110 THE AMERICAS ............................... 111 Argentina ............................................ 111 Bolivia ................................................. 116 Brazil ................................................... 117 Chile .................................................... 129 Colombia ............................................ 130 Costa Rica ........................................... 131 Cuba .................................................... 131 Dominican Republic ......................... 132 Ecuador............................................... 133 El Salvador ......................................... 135 Guatemala........................................... 138 Guyana ................................................ 139 Honduras ............................................ 139 Mexico................................................. 139 Panama................................................ 143 Paraguay .............................................. 143

Peru ...................................................... 144 Puerto Rico ......................................... 146 Uruguay ............................................... 146 Venezuela ............................................ 147 ASIA AND THE PACIFIC .............. 151 Bahrain ................................................ 151 Bangladesh .......................................... 151 Bhutan ................................................. 153 Burma (Myanmar).............................. 153 Cambodia ............................................ 154 China.................................................... 157 Hong Kong Special Administrative Region ................................................. 157 Taiwan ................................................. 158 Fiji ........................................................ 158 India ..................................................... 159 Indonesia............................................. 163 Iran ....................................................... 165 Iraq ....................................................... 165 Israel .................................................... 166 Occupied Palestinian territory ......... 166 Japan .................................................... 167 Malaysia ............................................... 168 Pakistan ............................................... 168 Philippines .......................................... 169 South Korea ....................................... 169 Sri Lanka ............................................. 170 Thailand .............................................. 170 Yemen ................................................. 171

AVERTED FORCED EVICTIONS ............................................................................ 172 SOUTH AFRICA: Successful voluntary relocation within the inner city, Johannesburg ........172 BRAZIL: Averted eviction in Manaus..............................................................................................174 PHILIPPINES: Baclaran Grand Mosque, Pasay City ....................................................................174 SRI LANKA: Eviction of 11 tsunami shelter sites in Moratuwa/Ratmalana halted .................176 BULGARIA: Roma eviction in Batalova Vodenista ......................................................................177 APPENDICES .............................................................................................................. 179 UNITED NATIONS GENERAL COMMENT NO. 7 – THE RIGHT TO ADEQUATE HOUSING: FORCED EVICTIONS .............................................................................................179 BASIC PRINCIPLES AND GUIDELINES ON DEVELOPMENT-BASED EVICTIONS AND DISPLACEMENT...................................................................................................................184

INTRODUCTION The forced eviction of individuals, families and communities from their homes and lands ranks amongst the most widespread human rights violations in the world. Every year hundreds of thousands of women, men and children are uprooted when villages and settlements are cleared to make way for ‘development’ strategies or ‘world class city’ ambitions of the elite. In other cases, families continue to lose their homes every year as a result of racial prejudice and political and social conflict. And yet many more remain in fear of imminent evictions due to lack of security of tenure and the tendency of governments to disregard due process and meaningful consultation before carrying out an eviction. Similar to those who have been forcibly evicted, those threatened with forced evictions lead a precarious existence and face an uncertain future. With no certainty about how long they will be allowed to remain where they are, people often refrain from making improvements to their homes or any investments in the future. Forced evictions and the threat of forced evictions are therefore a huge impediment to human development.

Despite the remarkably high incidence of forced evictions and the downward spiralling effect the practice has on the lives and livelihoods of millions of people, official records of those affected and likely to be affected are few and far between. Government records rarely document accurate information let alone disaggregated data on the people who were forced out of their homes and their current status. This ‘culture of silence’ around forced evictions has aided and abetted its growth and spread throughout the world. The absence of reliable official information on forced evictions remains one of the major hurdles in holding responsible parties accountable and changing mindsets of both policy makers and practitioners. As a result, many continue to regard forced evictions or involuntary displacement as an unfortunate but inevitable cost of ‘development’ or as a fall out of social and political upheavals that needs to be endured until eventually, positive impacts of ‘development’ will trickle down to the poor or stability is established.

COHRE’s Global Survey series is therefore an attempt at covering to some extent this information gap with a view to amplify voices worldwide in their struggle to hold governments accountable for their acts of commission and omission that result in this egregious human rights violation.

The Global Survey does not, however, claim to document each and every case of forced eviction that has taken place in the years under consideration. As the data in the Global Survey is based on reported incidents, it is not intended to be either a comprehensive or fully representative but only broadly indicative. COHRE also recognises that not all cases of forced evictions are reported. The reporting of forced evictions often depends on the type of incident, its location and the specific context. Thus, evictions in remote areas, in countries without a free press, or affecting marginalised communities, will likely be under-represented. In countries where COHRE has local NGOs and social movements as partners, information is easier to obtain. In other cases, COHRE’s information is largely dependent on available media reports.

Regardless, COHRE believes that the compiling of available cases of forced eviction is an important contribution especially where no official information exists. COHRE’s Global Survey is therefore presented to highlight the scale of forced evictions worldwide and add strength to advocacy initiatives that seek to end the practice of forced evictions.

The present Global Survey presents 835 cases of implemented and threatened forced evictions from Africa, Latin America, Asia and Europe. According to the data recorded in Global Survey 11 a total of 4,312,161 people were affected by threatened and implemented forced evictions in 2007 and 2008.

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The number of people affected by implemented evictions in 2007 and 2008 as recorded in the Global Survey is as follows:1

Implemented Forced Evictions (total: 1,590,168)

Latin America: 433,296

Africa: 270,660

Europe: 13,286 Asia and the Pacific: 872,926

In a majority of the cases recorded all those affected by forced evictions were neither given adequate notice nor adequate compensation. It is also alarming that violence was used against affected persons in 45 per cent of all recorded cases. COHRE research shows that forced evictions are often accompanied by violence, most often from police personnel deployed to ensure the smooth execution of the eviction and sometimes from ‘goons’ in the employment of the government or interested private parties. Violence during forced evictions includes the use of batons, water cannons, tear gas and in some cases even rubber bullets against those resisting the evictions. COHRE’s research indicates that gender-specific violence is also common at the time of forced evictions. Violence at the time of evictions has often caused severe injury and sometimes even death in the affected communities. Additionally, those resisting evictions are often arrested on false charges of disturbing public order or inciting violence. In some cases, authorities have also resorted to setting fire to shacks in order to implement the forced eviction.

In 2007 in an attempt to forcibly evict the Baclaran Mosque community in Pasay city in the Philippines, security forces shot dead four community members, including two minors.2 The perpetrators were never investigated. In July 2008 in the Toge community in Abuja, Nigeria police personnel shot at four community members who were protesting against the eviction.

Two were critically injured and one died as a result of the shooting. In 2008 in Sri Lanka, a community member was reportedly abducted by a local politician and released after a few days for attempting to organise affected persons threatened with evictions to legallly challenge the eviction order. The community subsequently decided against taking the case to court out of fear of further repercussions.

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Unless more specific data was available, estimates were constructed using the following equivalencies: 1 family = 5 persons, 1 household = 5 persons, 1 flat = 5 persons, 1 apartment building = 30 persons, 1 village/settlement/area = 200 persons, “dozens” = 36 persons, “hundreds” = 300 persons, “thousands” = 3000 persons, “tens of thousands” = 30,000 persons.

2 See Averted Evictions section, page

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Urbanisation and its discontents Global Survey 11 covers an important period in the history of urbanisation. In 2007 the number of slum dwellers around the world reached the one billion mark and 2008 marked a historic tilt in the urban-rural population divide when more than three billion people or half of the world’s population was recorded as living in urban areas. UN Habitat noted that while over 70% of people in Europe and Latin America already live in urban areas and Asia (41%) and Africa (39%) were still predominantly rural, the coming decades would bring with them major demographic shifts in Asia and Africa towards urban areas.3 While the increase in urbanisation can be attributed to a number of factors, including the natural growth of population and the urbanisation of semi-urban and rural areas, migration to the cities from villages has contributed significantly to this process. According to UN Habitat’s 2008/9 report, in the last two decades, the urban population in developing countries has grown on an average at the rate of 3 million people per week.4 Propelled by shrinking employment opportunities in the villages caused by a general slow down in the traditional agrarian economy, individuals or entire families migrate to the cities in search of jobs and a better life. Others are pushed to urban areas due to loss of livelihoods and land as a result of mega projects, increasing environmental degradation, or extractive industries. Many more arrive in cities having fled from violence and discrimination in their villages.

Approximately half of all migrants to cities are women. While earlier women migrated along with their families to cities in search of work, there is now an emerging trend where women migrate on their own as many are increasingly the principal wage earners for themselves and their families. For others, migrating to cities is also often an attempt at escaping domestic violence, abuse and destitution.5 Lacking the necessary infrastructure and often the political will to accommodate migrants, the city often proves to be a harsh terrain. Most poor migrants are forced to live in highly inadequate conditions often paying disproportionately high amounts of money for a small space in an informal settlement. Further, without security of tenure and adequate access to basic services including water, sanitation and electricity, residents of informal settlements are highly vulnerable to a variety of human rights violations.

In an attempt to contain this rapid and unplanned growth and address increasing pressure on urban infrastructure, cities worldwide have responded with a variety of urban regeneration strategies. These strategies, however, are often aimed more at cosmetic changes rather than at tackling the root causes of inadequate housing and poverty. This inevitably results in the forced eviction of those living in slums and other squatter settlements or in somewhat slower processes of gentrification where poorer segments of society are pushed out of up and coming areas. Persons evicted as a result of these ‘regeneration’ strategies are rarely consulted or adequately compensated and therefore are often rendered homeless and even more destitute than before. COHRE’s research points out that in a large number of evictions cases, residents are not given adequate notice nor even sufficient time to gather their belongings before their homes are demolished. In several cases, families lose all their assets and savings in demolition drives, pushing them even deeper into poverty.

Data recorded in Global Survey 11 indicates that almost 42 per cent of all recorded forced evictions have been urban. In Asia, the proportion of urban forced evictions averages at 61 per cent while in Africa the average percentage of urban forced evictions for 2007 and 2008 is 55 per cent.

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UN HABITAT, State of the World’s Cities, October 2008 Ibid 5 COHRE, Women, Slums and Urbanisation: Examining the Causes and Consequncesi, May 2008 4

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Under pressure to improve urban infrastructure and control urban sprawl, municipal authorities have resorted to extreme and counter-productive measures like forced eviction and home demolitions. Implementation of a master plan has been the cause of forced evictions in several cities including Abuja (Nigeria), Addis Ababa (Ethiopia) and New Delhi (India). In these cases, governments have sought to selectively implement city master plans focusing only on the legality of location while ignoring aspects of the plan that require the state to provide adequate low cost housing for the urban poor.

Environmental considerations and the need to reduce pollution levels in several cases have also had a negative impact on the lives and livelihoods of the urban poor. In Jakarta, Indonesia, hundreds of families have been evicted and many more are at risk of eviction due to the Government’s ‘green open spaces’ policy. According to this policy, 30 per cent of the urban area must qualify as a green open space. Although the intention to improve the environment and reduce pollution levels is laudable, the implementation of this policy has meant the loss of homes and livelihoods for a vast number of Jakarta’s urban poor who inhabit a large number of the designated open spaces in the city. Similarly, in Nairobi, Kenya, some of the city’s largest slums including Mathare and Mukuru will be affected as a result of the Nairobi River Basin Programme. While the Programme is designed to rehabilitate the Nairobi River Basin’s eco-system, there are no concrete plans in place to adequately rehabilitate the 127,000 people who will be evicted if the Programme is implemented in its current form.6 As the urban population continues to rise, municipal authorities will need to devise strategies that will substantively improve the fabric of city life for all. Innovative approaches that involve affected communities such as those adopted by Naga City (Philippines) and Montevideo (Uruguay) will have to be adopted if the world’s cities are to fulfil their social and economic function and if the human rights of millions of urban poor are to be respected, protected and fulfilled.7 Respect, protection and fulfilment of the human right to housing for all and a human rights based approach to the development of cities is not only a matter of law. It is a misconception that forcibly evicting the urban poor leads to cleaner, better cities. To the contrary, victims of forced evictions generally return to the city centres, close to their former places of residence on which they rely for income generation and access to services, including education and health care.

Mega-events and Mega-evictions Mega-events like world fairs, beauty pageants, large international meetings and international sporting events often lead to massive evictions in host cities. Not only are informal settlements cleared to make way for venues, but these events, also seen as opportunities to increase tourism and commerce, become convenient excuses to push through massive infrastructure upgrading or city beautification plans causing evictions and displacement. Anticipating a huge influx of tourists, media and foreign delegations host cities for mega-events often undertake a virtual ‘clean-sweep’ of informal settlements, street vendors and hawkers and homeless persons along major thoroughfares. Global Survey 11 records several such evictions caused due to the hosting of mega-events.

In 2007 around 20 families and several traders were pushed out of the area that they had lived and worked in for several years due to security requirements in connection with Commonwealth Heads of Government Meeting in Uganda. Similarly in 2008 security requirements of the South Asia Association for Regional Cooperation summit in Sri Lanka was offered as an explanation for the forced eviction of 1,770 people in the Glennie Passage area of Colombo who had lived there for decades.

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COHRE, Hanijamii, Amnesty International and Shelter Forum Joint Protest Letter 21 January 2009 090121 COHRE_Hakijamii_AI_ShelterForum_Nairobi_JointLetter 7 COHRE, Successes and Strategies: Responses to Forced Evictions, 2008

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Global Survey 11 also records the massive displacement of people in Beijing in preparation for the 2008 Olympics. In its 2007 report entitled Fair Play for Housing Rights, COHRE documented incidences of forced evictions in several Olympics host cities including Seoul, Barcelona, Atlanta, Athens, Sydney, London and Beijing. With regard to the Beijing Olympics, the report estimated close to 1.25 million people to have been affected by evictions and involuntary displacement related to the preparation of the games and estimated that the total would go up to 1.5 million by August 2008. COHRE’s fact-finding mission to Beijing in July 2008 confirmed these estimates noting that these did not, however, account for several thousand migrants who lived in 171 neighbourhoods within the citiy’s urban core and whose homes were demolished to make way for massive transport infrastructure development.

COHRE also noted that the Beijing authorities had used propaganda, harrassment, repression, imprisonment and violence against those who questioned or protested against the involuntary displacement resulting from Olympic Games preparations.8 Documenting forced evictions resulting from preparations for mega-events can be challenging.

Increasingly, in order to avoid negative publicity for the event, cities are careful to de-link the mega event from any evictions that take place as a part of the preparations. For instance, in New Delhi evictions linked to the Commonwealth Games in 2010 have been carried out insidiously. While several informal settlements have been demolished in the city ever since New Delhi won the bid for the 2010 Commonwealth Games, very few of the evictions have been carried out explicitly in the name of the Games. The choice of settlements that have been targeted however, suggest a strong link to the upcoming Commonwealth Games. As early as 2004 approximately 130,000 slum dwellers along the banks of the river Yamuna were forcibly evicted to make way for the development of a city beautification and tourism project. It is noteworthy that the settlement that was evicted lay adjacent to the Commonwealth Games venue. In 2007 and 2008 several other evictions have been carried out in Delhi but it is very difficult to conclusively link them to the Games.

In South Africa, preparations to host the 2010 World Cup have had a serious negative impact on the housing rights of the country’s urban poor. Undoubtedly driven by the upcoming World Cup Johannesburg and Durban with their plans to eradicate slums by 2010 have stepped up efforts to clear informal settlements in their areas. The Centre for Applied Legal Studies (CALS) in Johannesburg which represents urban poor families and their organisations in evictions cases reported in 2008 that more than 30 per cent of its cases involved evictions in Ellis Park Precinct, an area within a 5 kilometre radius of the Ellis Park Stadium, one of the World Cup venues.9 As early as 2006 the KwaZulu-Natal provincial government declared that all shack settlements would be eradicated by 2010, four years prior to the originally planned deadline of 2014. With a housing backlog of approximately 250,000 units in the eThekwini municipality alone, achieving eradication of shack settlements by 2010 can only mean resorting to forced evictions.10 It is very likely that under pressure from the fast approaching World Cup deadline cities will increasingly opt for what they see as the easier route and move shack dwellers to the notoriously inadequate ‘temporary relocation areas’ on the margins of the city.

In Cape Town, the N2 Gateway Project (a middle class housing project) which will result in the eviction of close to 20,000 people, many believe is a part of the city’s attempts at beautification leading up to 2010. Given its location on the main highway connecting Cape Town’s international airport to the city, it is hardly surprising that there is a high level of 8

COHRE, One World Whose Dream? Housing Rights and the Beijing Olympic Games, July 2008 http://www.cohre.org/beijingreport 9 COHRE For the Game. For the World: Some Concerns for FIFA on pre-World Cup 2010 evictions and housing rights abuses in South Africa, June 2008 10 Ibid

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political will to clear the Joe Slovo settlement currently on the site, despite the large number of people who will be affected.

FIFA has strict requirements regarding the appearance of host cities. With World Cup matches being telecast globally, FIFA has instructed that host cities ensure that venues for matches are in picturesque surroundings.11 This has provided city authorities with the necessary excuse to clear slum settlements in the vicinity of match venues. Prioritising these and other FIFA requirements therefore raises concerns regarding the diversion of municipal resources towards ‘clean-up’ and city beautification projects and away from fulfilling the right to adequate housing of the urban poor.

COHRE believes that while city authorities and national governments need to be held accountable for forced evictions, in the case of mega-events organising bodies like FIFA or the International Olympic Committee (IOC) are also responsible for failing to take adequate steps and ensure that the hosting of mega-events is truly an opportunity to ‘make the world a better place’ for all. In 2008 COHRE therefore awarded the IOC its annual ‘Housing Rights Violator’ Award thus highlighting that the responsibility to ensure that mega-events do not result in human rights violations lies not only with the host country but also with international organising bodies.

Women and forced evictions As cases recorded in Global Survey 11 are mainly sourced from media reports, there is little information on the number of women affected and the impacts of forced evictions on women.

While it has been widely recognised that forced evictions have deep and gender-specific impacts on women and girls who are evicted as individuals or as members of communities, in information on forced evictions, women continue to be an invisible group.

Forced eviction for women not only means loss of home and livelihood but also the loss of social support networks that aid women in performing the multiple roles assigned to them by tradition, custom and economic conditions. Homelessness, a common result of forced evictions, increases women’s vulnerability to gender based violence, abuse and exploitation.

Particularly vulnerable groups of women include domestic workers, commercial sex workers, migrant workers, women living with HIV AIDS, widows, single women, elderly women and divorced women.

COHRE’s recent fact-finding missions in Cambodia, India and Sri Lanka as well as research in several countries over the years strongly brings out the gendered impacts of forced evictions worldwide.

Based on information received by COHRE and COHRE’s research, women, particularly single women, are often the first targets of police violence during an eviction drive. In some cases women who resisted evictions were molested. Some evicted women believed that the presence of women police during an eviction drive would reduce their vulnerability to violence. Evicted women and women living in inadequate conditions are also more vulnerable to gender based violence including rape within the community. In a particular case in Sri Lanka it was revealed that a local politician sought sexual favours from a woman threatened with forced evictions in exchange for protection from eviction.12 As the UN Special Rapporteur on violence against women (VAW) noted in her report, “Large development projects or major international events may involve large scale evictions of poor people from their homes and land in order to free up desired locations or build infrastructure 11

Sunday Tribune, Hidind the Shame of Poverty for 2010, by Nomfundo Mcetywa, 11 November 2007 http://www.iol.co.za/index.php?set_id=1&click_id=139&art_id=vn20071111090426826C142596 12 Based on a series of fact-finding missions carried out by COHRE’s Women and Housing Rights Programme for developing guidelines on gender sensitive approaches to evictions and displacement.

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for the event. The impact of these forced evictions, often by militia or armed forces, is profoundly devastating for women and is correlated with heightened rates of physical, psychological and economic violence before, during and after the evictions. This is true both in terms of VAW at the hands of State authorities, non-State actors, community members, as well as domestic violence”.13 Women’s access to their right to adequate housing is severely curtailed by discriminatory laws, norms and cultural practices concerning ownership and inheritance. Without legal title to their homes and lands a large number of women remain at risk of forced eviction for a variety of reasons including domestic violence, desertion and widowhood. Cultural norms also ensure that in situations of rehabilitation and compensation, women and men from evicted communities do not receive equal compensation. For instance, it was only after intense struggle that the state government of Madhya Pradesh in India agreed to treat adult unmarried daughters belonging to dam affected families at par with adult unmarried sons and thus guarantee that the daughters were also entitled to two hectares of agricultural land as compensation.

Research conducted by COHRE in 2007 and 2008 demonstrates that women in several evicted communities were unaware of applicable policies, legislations or procedures related to evictions. This situation is often a result of actions on the part of authorities and sometimes community leaders due to prevailing social norms which tend to exclude affected women during discussions and negotiations. The absence of women’s informed inputs in discussions on rehabilitation has ensured that rehabilitation packages at best remain gender neutral and women continue to suffer the impacts of forced eviction and inadequate housing conditions.

Women’s earning capacity and mobility is severely restricted after forced evictions. Displaced from their original homes and without established social networks, women are often forced to stay at home and to care for the children and the elderly in the family. The loss of jobs and the ability to provide for themselves and their families severely impacts women’s positions within the home and the community.

COHRE recognises that the impacts of forced evictions on women are varied and severe.

Women form one of the largest marginalised groups and the impacts of forced evictions on women cannot be ignored. COHRE will continue to conduct research and documentation with a view to ensure that women are made visible especially in cases of housing rights violations.

Defining forced evictions and security of tenure The term ‘forced evictions,’ as defined in General Comment No. 7 of the Committee on Economic, Social and Cultural Rights, is “the permanent or temporary removal of individuals, families and/or communities against their will from the homes and/or land that they occupy, without the provision of, and access to, appropriate forms of legal or other protection.”14 As a result, any action that results in the removal of people from their homes or land against their will, without adequate notice, access to legal remedy, and adequate compensation or rehabilitation, is considered a forced eviction. A forced eviction may therefore also be deemed to have been carried out if communities are pushed out of their dwellings by the cutting off of all services and facilities. Forced evictions are most common, but not limited to, situations where dwellers do not enjoy security of tenure.

13 Human Rights Council, Political Economy of Women’s Human Rights, Report of the Special Rapporteur on violence against women, its causes and consequense, Yakin Erturk, 18 May 2009, A/HRC/11/6 14 General Comment 7 http://www.unhchr.ch/tbs/doc.nsf/(symbol)/CESCR+General+Comment+7.En?OpenDocument

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Security of tenure can be explained as a legal condition where housing and land cannot be arbitrarily taken away from an individual without due process including the right to seek legal redress. Security of tenure is not restricted to ownership but includes full legal protection against arbitrary eviction for all occupiers, including informal settlers and tenants.

Forced evictions disproportionately affect those who are already disadvantaged or marginalized, including the poor, women, indigenous peoples, ethnic, religious, and racial minorities, occupied peoples and children. Forced evictions not only deprive people of their homes and lands and the simple dignity of a place to live but also of their livelihoods, their communities and social networks, access to social services, and access to the shared resources of cities such as libraries, sports facilities, and places of worship.

Forced evictions often involve both physical and psychological violence. It is common practice for governments and private operators to use armed police, private security guards, criminal gangs or hired thugs, and bulldozers during forced evictions. Women suffer disproportionately from the practice of forced eviction, given the extent of statutory and other forms of discrimination against women with respect to home ownership and inheritance rights, or rights of access to accommodation, and their particular vulnerability to acts of violence and sexual abuse during and after eviction. More subtle forms of violence include continued harassment, intimidation and threats against communities who dare to speak out against impending forced evictions, thus wearing down community’s capacity to resist forced eviction.

Key causes of forced evictions Forced evictions are a result of a variety of processes that disadvantage certain sections of society. Research by COHRE around the world has revealed the following causes of forced evictions to be the most common: •

tenure insecurity/absence of formal tenure rights

•

authoritarian top-down planning

•

development and infrastructure projects

•

large international events, such as major sporting events, conferences, etc.

•

urban redevelopment and ‘beautification’ initiatives

•

property market forces and ‘gentrification’

•

absence of State support for the poor

•

political conflict, ethnic cleansing, and war

Forced evictions and international law The right to adequate housing has been recognised as a human right in several international human rights instruments including the Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights (ICESCR) is the key international human rights instrument that articulates the right to adequate housing. Article 11(1) of the Covenant explicitly recognises the right to adequate housing. As interpreted in General Comment No. 4 and General Comment No. 7 of the UN Committee on Economic, Social and Cultural Rights, the right to adequate housing includes protection against forced eviction. According to General Comment No. 7, “the State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions.”15 It states that: “Evictions should not result in individuals being rendered

15

‘General Comment 7: The right to adequate housing (art. 11 (i) of the Covenant): Forced Evictions’,

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homeless or vulnerable to the violation of other human rights”,16 and prescribes procedural protective mechanisms for evictees in those highly exceptional circumstances where eviction is unavoidable.

In 1993 the UN Commission on Human Rights indicated, “forced eviction constitutes a gross violation of human rights.”17 And in 1998, the UN Sub-Commission on the Protection and Promotion of Human Rights reaffirmed that “the practice of forced eviction constitutes a gross violation of a broad range of human rights; in particular the right to adequate housing, the right to remain, the right to freedom of movement, the right to privacy, the right to property, the right to an adequate standard of living, the right to security of the home, the right to security of the person, the right to security of tenure and the right to equality of treatment.”18 A large number of forced evictions cases are a result of mega development projects or urban renewal programmes. Development imperatives, however, cannot justify human rights violations. As the Vienna Declaration and Programme of Action (1993) states: “while development facilitates the enjoyment of human rights, the lack of development may not be invoked to justify the abridgement of internationally recognised human rights.”19 Therefore, international human rights law clearly guarantees everyone the right to protection against forced eviction. Evictions are permitted only in highly exceptional circumstances, and then only under strict conditions. Eviction always has to be the last resort, reverted to only after all other possibilities and alternatives have been exhausted. In those exceptional cases where there is absolutely no alternative to eviction, procedural protections should include, as a minimum standard, the following: •

implementing authorities should engage in meaningful consultations with affected persons

•

adequate and reasonable notice for all affected persons should be provided prior to the date of the eviction

•

information on the proposed eviction should be made available in a reasonable time to those affected

•

government officials or their representatives should be present during an eviction

•

persons carrying out the eviction should be properly identified

•

evictions should not take place in particularly bad weather or at night

•

legal remedies should be available

•

legal aid should be available to those in need of it to seek redress from the courts

Furthermore, if all of these procedures are complied with and an eviction is allowed to take place, the state is obliged to ensure that no individual or family is rendered homeless as a result of that eviction. Irrespective of whether it is a state, private power, or an international agency that carries out an eviction, States remain always legally responsible for forced evictions that take place on territory under their jurisdiction.

Committee on Economic, Social and Cultural Rights, 1997, paragraph 8 16 Ibid paragraph 16 17 Commission on Human Rights resolution 1993/77 of 10 March, 1993 paragraph. 1 18 Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolution 1998/9 on Forced Evictions 19 Vienna Declaration and Programme of Action (1993), 12 July 1993, A/CONF.157/23, paragraph 10

15

IMPLEMENTED FORCED EVICTIONS 2007-2008 AFRICA Cameroon Housing for the urban as well as rural poor remains a challenge in Cameroon. Close to 67% of the population lives in suburbs characterised as informal settlements.20 Cities such as Yaounde and Douala have experienced high rates of migration in the resent years resulting from the lack of employment opportunities in the smaller towns and cities. Unable to cope with the heavy flow of migrants each year, these cities have witnessed the rise of numerous informal settlements without adequate space or access to essential services like water and sanitation.

2008 In June 2008 the government of Cameroon began a massive eviction drive in Yaounde. An estimated 7000 people, most of whom belonged to low income families were victims of the forced eviction. These evictions were a part of a larger eviction drive that was initiated by the government in 2006 and has since left tens of thousands of people homeless. Another 1000 people were rendered homeless due to evictions carried out in the la briqueterie area.21 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Ethiopia Access to adequate housing including water and sanitation remains a serious concern in Ethiopia. The crisis, however, is made worse by the practice of forced evictions that has left several thousand people homeless. Additionally, the Ethiopian Army has been accused of carrying out violent forced evictions in the country’s Somali region. Forced evictions were integral to the counter-insurgency operations against the Ogaden National Liberation Front, particularly in July and August 2007. To ensure compliance, the Ethiopian army reportedly burned villages and killed and confiscated livestock. According to Human Rights Watch 87 villages and settlements were partially or completely burned by government forces in the conflict affected area between June 2006 and August 2007.22

2007 Approximately 400 homes were demolished in Yeka and Nifa Silk Lafto Districts between March and April 2007 and another 205 homes were demolished in Bole District on 24 May 2007. Authorities carried out forced evictions with as little as seven days prior notice to residents. Furthermore, some of the evicted residents report that they held their land legally.

These evictions and demolitions are part of a campaign initiated by the Addis Ababa City Caretaker Administration (AACCA) to reinstate the ‘Master Plan’ for the city and destroy any buildings built without proper planning permission or on land that was allocated illegally, as well as forcibly evicting occupiers of state-owned housing.23

20

Habitat for Humanity, Country Profile:Cameroon. http://www.habitat.org/intl/ame/217.aspx Email correspondance to COHRE from 22 Human Rights Watch, Collective Punishment: War Crimes and Crimes Against Humanity in the Ogaden Area of Ethiopia’s Somali Region, 12 July 2008 http://www.hrw.org/en/reports/2008/06/12/collective-punishment 23 COHRE Protest Letter 13 June 2007 AF_IE_Ethiop_Addis Ababa_13June07 21

16

2008 In October, in Addis Ababa, 320 people were evicted by the Agency for Government Houses (AGH) on grounds of being illegal tenants who had not paid their rent dues. However, the new Director General of the AGH stopped the evictions immediately after he assumed office.

Some of the tenants said they had been mistakenly identified as illegal based on incomplete information.24 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Ghana Although Ghana has ratified most of the important international human rights instruments that protect and fulfill the right ot adequate housing, a huge gap remains between the domestication of Ghana’s international commitments. Ghana’s 1992 Constitution does not expressly recognise the right to adequate housing. This, coupled with the lacunae in various laws and policies related to housing has meant that Ghanaians are faced with shortage in housing stock, high rents despite low incomes, urbanisation and the growth of informal settlements, forced evictions and discrimination against women with regard to the right to adequate housing. Without effective strategies to address forced evictions residents in areas like Asbogbloshie in Accra and Digya National Park continue to live under the threat of forced evictions.

2007 On 10 July, in Mallam, Ga West District, 300 residents were evicted from their homes. On the 23rd, Accra Fast Track High Court issued an interim injunction against the demolition of homes in the Ga West District. The demolitions apparently related to clearing of waterways.

No notice was given or compensation provided.25 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Kenya There are approximately 170 informal settlements in Kenya’s capital Nairobi alone, housing over 2 million people. Informal settlements emerged in Nairobi as early as the 1920s and developed quickly after independence through rural–urban migration and the failure of the Government of Kenya to allocate land for low-income groups. In February 2004, various Kenyan Ministries announced an unprecedented series of mass evictions that threatened over 300 000 residents of Kibera—Nairobi’s largest informal settlement. Whilst eviction plans have been suspended in response to strong local, national and international criticism, the future of these settlements remains vulnerable and uncertain.

The forced evictions over one hundred thousand people from forest areas have occurred since 2004.

The government has recently announced it will resettle and compensate 10,500 of these evictees.26 24 Addis Fortune, Confusion Cripples Eviction Authorities, 11 January 2009, http://addisfortune.com:80/Confusion%20Cripples%20Eviction%20Authorities.htm 25 My Joy Online, Stop demolition of houses, 16 July 2007, http://www.myjoyonline.com/news/200707/6665.asp2; and ibid, Court freezes demolition exercise, 23 July 2007, http://www.myjoyonline.com/news/200707/6844.asp 26 Amnesty International Report 2009, ‘The State of the World’s Human Rights: Kenya’ < http://www.amnesty.org/en/region/kenya/report-2008>

17

Under international pressure, the Government pledged in 2006 to release national guidelines on evictions, a pledge which, by the end of 2007, had not been fulfilled. It also failed to impose a moratorium on forced evictions until the guidelines were in place.27 The year 2008 was characterised by widespread violence both before and after the general elections in December. Hundreds of people were killed and thousands internally displaced as houses and property were burned by armed youths across the country.28 2007 Between 27 and 29 July, in Nairobi Industrial Area, 10,000 people were evicted by the local police, using bulldozers. In 2003 a court order had restrained nine of the people living in the area. On 3 July 2007, the local magistrate cited that order and directed the area officer of the Commanding Police Station (OCS) to enforce it.29 In the aftermath of the election of 27 December 2007, over 300 people, including children, lost their lives due to violence perpetrated by organised mobs and, in some cases, disproportionate reprisals by security forces. Thousands of homes and livelihoods were destroyed. Up to 180,000 people were displaced. The violence also led to disruption of access to basic goods and public services including access to food, water and fuel in many parts of the country.

2008 In May 2008 a gang of people armed with machetes and clubs and protected by the police arrived in Dam village and began demolishing several huts. It was alleged that this action was pursuant to a court order but no such order was supplied to the affected people. After protests by community members the eviction drive was abandoned half way through. Among the structures demolished were several churches and a school.30 On 25 August, in Makongeni estate, Nairobi, hundreds of families were evicted by the Kenya Railways Corporation. The eviction took place as a result of alleged non payment of rent; the residents said the rent had recently been disproportionately increased without any justification.

Residents also said that many had not been paid their salaries, dues or benefits and had no means to pay the increased rent. Hundreds of families were reportedly left homeless and their belongings bundled into lorries and taken to the Railways headquarters. One person was shot when police and youths clashed during the evictions. Scores of other people, including a journalist, were also injured. More than 1,775 houses were targeted in the evictions. On the 28th, a court declined to issue any orders in the matter.31 In mid December 2008 an estimated 2000 people were forcibly evicted from Cluster D in Mathare for the widening of a road in the settlement. Homes and businesses were demolished

27

Amnesty International Report 2009, ‘The State of the World’s Human Rights: Kenya’ < http://www.amnesty.org/en/region/kenya/report-2008> 28 Amnesty International Report 2009, ‘The State of the World’s Human Rights: Kenya’ < http://www.amnesty.org/en/region/kenya/report-2008> 29 COHRE and Hakijamii Trust, Kenya Housing Rights Update, August 2007, www.cohre.org/kenya; and The Standard, Slum dwellers’ agony of brutal evictions, 3 September 2007, http://www.eastandard.net/hm_news/news.php?articleid=1143973948&catid=4 30 COHRE and Hakijamii Trust, Kenya Housing Rights Update, February – June 2008 http://www.hakijamii.net/june08hupdate.pdf 31 Daily Nation, Bid to block eviction flops, 28 August 2008, http://www.nation.co.ke/News/-/1056/464990//tk9r3q/-/

18

without prior notice or a consultation with the affected people. Additionally, affected people were not provided with alternative accomodation or adequate compensation.32 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Nigeria One of the most populous countries in Africa, Nigeria continues to suffer an accute housing shortage and lack of access to water and sanitation. According to the National Human Rights Commission, Nigeria, efforst to realise the reight to adequate housing for all its citizens through the National Housing Policy have been far from adequate.33 The housing crisis has been further exacerbated by rampant forced evictions especially in the Nigeria’s three main murban centres – Lagos, Port harcourt and Abuja. COHRE’s research has found that from 2003- 2007 more than 800,000 people living in informal settlements were forcibly evicted in Abuja alone.

2007 In April 2007 approximately 4500 people were displaced from Kogi State, Delta State and Nasarawa State as a result of post election violence. In most of these cases people sought refuge in public buildings or with their relatives.34 In October, in Isheri, Lagos, approximately 3,000 people were evicted by the Federal Housing Authority (FHA) and the police. The area was to be developed by a private company, Diya Fatimilehin and Co. Those with 'genuine documents' were apparently given compensation.35 2008 In May and June 2008, the Department of Development Control and the Federal Capital Development Authority (FCDA) carried out mass demolitions of communities in Gosa, located along the Nnamdi Azikiwe airport road. The forced evictions in Gosa Sariki and Toge were conducted without adequate consultation with affected people; without adequate, written notice of the date of eviction; and without the provision of compensation and/or adequate alternative housing. Forced evictions in Toge were reportedly implemented in violation of a court injunction. Furthermore, police reportedly shot four protestors in Toge, injuring three and killing one man. Residents have been left homeless and many had their property destroyed, as officials refused to allow time for residents to gather belongings before the bulldozers began the demolitions.36

32

COHRE and Hakijamii Trust, Kenya Housing Rights Update, January 2009 http://www.cohre.org/store/attachments/Kenya%20HousingRights%20Update%204.pdf 33 Human Rights Council, Working Group on the Universal Periodic Review, Summary prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1* 27 November 2008, A/HRC/WG6/4/NGA/3 34 Internal Displacement Monitoring Centre, Unresolved Conflicts cause ongoing displacement, December 2008 http://209.85.229.132/search?q=cache:dzgi3O2Ds3gJ:www.internaldisplacement.org/8025708F004CE90B/(httpCountrySummaries)/BFF665DD80568486C125751C004FBB06%3 FOpenDocument%26count%3D10000+2007+evictions+Abuja&cd=43&hl=en&ct=clnk 35 Vanguard, Conned and evicted, they cry out for help, 3 October 2007, http://www.vanguardngr.com/articles/2002/viewpoints/vp503102007.html 36COHRE Protest Letter 24 June 2008, AF_IE_Nigeria_Abuja_24June2008

19

In June 2008, the State Commissioner of Urban Development issued letters to owners of buildings opposite the Integrated Cultural Centre on Abonnema Wharf Road in Port Harcourt, Nigeria notifying them of the State Government’s decision to acquire the land and demolish all buildings in the area. The Commissioner, in a meeting with the National Union of Tenants, made clear the State Government’s position not to provide alternative housing for the affected residents, stating that the Government had no obligation to relocate or compensate tenants before carrying out demolitions. The Commissioner further stated that it is not only the buildings opposite the Integrated Cultural Centre that would be demolished, but the entire waterfront area in Port Harcourt, and that the demolition would commence at the expiration of a seven-day notice. According to the National Union of Tenants, approximately one week after this meeting, the State Government demolished 5,000 structures, rendering no less than 30,000 people homeless or jobless, without any arrangement to provide alternative accommodation or compensation to those affected. COHRE has learnt that the State Government also refused to acknowledge the need to consult with or offer resettlement to those living in buildings it has earmarked for demolition, even though the particular buildings are not illegal structures and are occupied by lawful tenants.

In August, in First Bank, Rumuomasi, Rumuobiakani Roads, Port Harcourt, 3 residences were demolished by the State Government. The demolitions were part of plans to widen major roads in Port Harcourt. The Government claimed it would compensate the evictees.37 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Rwanda Apart from the housing shortage following the return of refugees, after the civil war and genocide, Rwanda faces a serious housing shortage. Approximately 80-85% of Rwanda’s urban population lives in informal settlements in Kigali. Several thousand residents of Rwanda’s informal settlements do not enjoy security of tenure as the settlements are not in compliance with development and construction norms and standards. Rwanda’s plans for urban renewal, infrastructure improvement and slum upgrading have also resulted in forced evictions, particularly in Kigali. Eighty percent of households in Kigali are thus potentially exposed to expropriations or market-driven evictions. Compensation paid to households corresponds to the cost of the dwelling unit built on the plot, as assessed by the City Council, but not the cost of land, which remains the property of the State or of the City of Kigali. In the case of eviction by public authorities, or of displacement initiated and negotiated by private investors, the compensation paid is based on the rate laid down by the City Council in 1996, not updated to reflect rising values.38

37 The Tide Online, RSG to demolish all structures on right of way, 25 July 2008, http://www.thetidenews.com/article.aspx?qrDate=07/25/2008&qrTitle=RSG%20to%20demolish%20all%20str uctures%20on%20right%20of%20way&qrColumn=BACK%20PAGE 38 Global Urban Development Magazine, Market-driven eviction processes in developing country cities: the cases of Kigali inRrwanda and Phnom Penh in Cambodia, Alain Durand-Lasserv, Volume 3, Issue 1, November 2007. http://www.globalurban.org/GUDMag07Vol3Iss1/Durand-Lasserve.htm

20

2008 In July, in Kiyovu, Kigali, 64 houses and kiosks were demolished by the City Council. They had earlier been told to relocate to an area known as Batsinda Estate. The residents claim that they were not given sufficient time to prepare for relocation and are not happy with the amount being given to them as compensation. The area is to be rebuilt by the National Social Security Fund.39 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Somalia Armed conflict in Somalia continued to result in internal displacement, especially as a result of intense clashes between forces of the Islamic Courts Union, the provisional Government and Ethiopian troops (who have intervened in the conflict to defend the Government). By late 2008 more than 1.2 million Somalis were internally displaced, including 870,000 since the start of 2007. In addition, by late 2008, hundreds of thousands of Somali refugees had sought safety (and some sought asylum) in Kenya, Djibouti, Somaliland and Yemen, among other locations.40 In Mogadishu, in 2007 alone, thousands are estimated to have fled as a result. 41 ICESCR: Yes

CEDAW: No

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

South Africa Although South Africa has taken concerted and successful steps towards eliminating racial discrimination in de jure terms, there still exists de facto racism and racial discrimination, particularly related to the access to adequate housing, water and sanitation. Policies and politics of racial segregation prior to 1994 have left a legacy of inadequate and peripheral accommodation for the urban poor, including a substantial underprovision of decent housing opportunities for black people; and the segregation of black people in overcrowded townships and informal settlements on the periphery of the City far away from employment opportunities and facilities. In addition, South Africa faces a serious shortage of public rental housing stock for the urban poor.

39 The New Times, Rwanda: Mayor Goes On Record Over Kiyovu Evictions, 24 July 2008, http://allafrica.com/stories/200807240072.html; and Focus Media, Kiyovu Residents Decry Demolitions, 29 July 2008, http://allafrica.com/stories/200807290996.html; and Focus Media, Demolitions - is Anyone Thinking of Social Consequences?, 29 July 2008, http://allafrica.com/stories/200807290989.html 40 Amnesty International Report 2009, State of the World’s Human Rights, May 2008 http://thereport.amnesty.org/en/regions/africa/somalia 41 Winston-Salem Journal, Troops evict thousands in conflict in Somalia, 30 September 2007, http://www.journalnow.com/servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_BasicArticle&c=MGArti cle&cid=1173352941315&path=!nationworld&s=1037645509161; and Associated Press, Rights Group: Somalis Forced From Homes, 30 September 2007, http://ap.google.com/article/ALeqM5gKQ6Hm0yuq8jNqzJY4rRkn0qzwhQD8RVCQK00; and World Socialist Website, Somalia: Humanitarian disaster looms as government clamps down on insurgency, 16 October 2007, http://www.wsws.org/articles/2007/oct2007/soma-o16.shtml

21

2007 In March, in Thornville, near Pietermaritzburg, tenant families were evicted by Jabulani Goge, the landowner. The owner later agreed to rebuild the homes he demolished.42 On 6 August, in Phillippi, Cape Town, 50 families were evicted by the Sheriff from private land following a court order in favour of a new owner. The new owner claimed the families had been given notice a year before.43 In 2007 COHRE found that the Durban municipality evicted over 6000 people often without obtaining the necessary court orders. This was done thorugh a multi-pronged strategy of slum clearance through the demolition of new shacks, forced relocation and slum upgrades which often left a significant number of people homeless.44

2008 In February 2008, over 1,600 people were forcibly evicted from unfinished houses that they had occupied in Delft, Cape Flats. In late December 2007, led by the local ward councillor, residents comprising predominantly backyard dwellers from the area occupied unfinished houses in Delft constructed as a part of the â&#x20AC;&#x2DC;Breaking New Groundâ&#x20AC;&#x2122; policy. According to sources, the occupied houses were originally promised to the backyard dwellers of Delft but were later re-allocated to persons to be evicted from the Joe Slovo settlement in Langa to make way for phase II of the highly contentious N2 Gateway Project. The backyard dwellers from Delft occupied the unfinished houses after reportedly waiting, in some cases, for over 15 years to be provided with subsidised housing, and believing the provision of houses for Joe Slovo residents in Delft while they continued to live in backyards, to be unfair. The occupiers were forcibly evicted following the Cape High Court decision against their application for leave to appeal against an eviction order issued by the municipal authorities of Cape Town.45 On 23 October, in Vastas Organic Farm, New Hanover, KwaZulu-Natal, 11 families were evicted by the owner of the farm. The families had lived on the farm for over 10 years.

Though they had fought the eviction in court, the families were taken by surprise when a court order was issued against them and they were evicted by the owner with the support of the police. They were given no alternative accommodation except shelter in the town hall. The Department of Land Affairs said it was aware of the situation and was seeking legal advice.46 On 29 October, in Mmabatho, North-West Province, 200 people were evicted by the North West Housing Corporation. The eviction was violent and tenants were injured. The African National Congress alleged that the flats had been illegally sold. The tenants were provided with no alternative accommodation and some had to stay in tents.47

42 The Witness, Bulldozing landowner subpoenaed, 4 April 2007, p.2; and ibid, Cop to rebuild homes after evicting tenants, 25 April 2007 43 SABC News, Evictions leave 50 Cape families stranded, 7 August 2007, http://www.sabcnews.com/south_africa/general/0,2172,153685,00.html 44 COHRE, Business as Usual? Housing Rights and Slum Upgrading in Durban, South Africa, October 2008 45 Information received by COHRE from the Western Cape Anti-Eviction Committee February 2008 46 The Witness, 11 families evicted from New Hanover farm in rain by new owner, 23 October 2008, http://www.abahlali.org/node/4263; and Sowetan, Another day another heart wrenching farm eviction, 29 October 2008, http://www.sowetan.co.za:80/News/Article.aspx?id=872804 47 Citizen, Flats eviction chaos in Mafikeng, 29 October 2008, http://www.citizen.co.za/index/article.aspx?pDesc=81594,1,22; and SABC, N West tenants forcibly evicted this morning, 29 October 2008, http://www.sabcnews.com:80/south_africa/general/0,2172,178942,00.html; and ibid,

22

On 30 October, in Greyhill Flora Farm, Phillipi, Western Cape, 14 families were evicted by the owner. The families worked on the farm and had lived there for many years. When the owner sold the farm, he offered each of them a sum of money according to the number of years they had worked and demanded the keys to the houses. Workers who refused were not paid their wages, until they approached the police. The owner also harassed the workers in other ways.

Union leaders said the owner had violated the law both in terms of severance pay and by threatening to evict the workers, which he did not have the power to do.48 On 14 December, in kwaKani informal settlement, near Howick, KwaZulu-Natal, over 100 people were evicted by the uMngeni Municipality from shacks they had built. The officials did not allow them to remove their belongings before bulldozing their shacks. Families with children were left without shelter or even blankets to protect themselves against the rain, and were eventually forced to shelter in a nearby abandoned building. Some of the residents claim they have been in the area for 13 years. The evictions took place after a court order. Municipal officials claimed they had warned the residents earlier not to build in the area.49 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

Sudan

2007 The armed conflict in Darfur continued to result in massive displacement. The Sudanese Government has also been complicit in forced evictions of internally displaced persons (IDPs).

For instance, between 25 and 30 October, 2007, in Otash camp, Nyala, at least 400 families were evicted by Sudanese soldiers and police. Nyala is the capital of South Darfur. Hundreds of civilians, mainly women and children, were forced into trucks at gunpoint. Those evicted were mostly IDPs who had fled Kalma camp following violence the previous week. The UN tried to intervene but was not successful. The Governor of South Darfur informed the UN that it was his intention to close the camps around Nyala, which are home to as many as 90,000 people.50 ICESCR: Yes

CEDAW: No

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

No accommodation for evicted Mafikeng tenants, 29 October 2008, http://www.sabcnews.com/south_africa/general/0,2172,178957,00.html 48 IOL, Workers turn to CCMA after eviction, 30 October 2008, http://www.iol.co.za:80/index.php?set_id=1&click_id=594&art_id=vn20081030115922287C256443 49 The Witness, Demolition: uMngeni gets court order; residents evicted, 15 December 2008, http://www.witness.co.za/index.php?showcontent&global[_id]=17407 50 BBC, Darfur refugees 'forcibly moved', 29 October 2007, http://news.bbc.co.uk/2/hi/africa/7066816.stm; and AfriqueLigne, UN alarmed over forced evictions in Darfur refugee camps, 29 October 2007, http://www.afriquenligne.fr:80/news/daily-news/un-alarmed-over-forced-evictions-in-darfur-refugee-camps2007102911575/; and Kenya Broadcasting Corporation, Darfur camp eviction 'fabricated', 30 October 2007, http://www.kbc.co.ke:80/story.asp?ID=46070; and Guardian Unlimited, Darfur refugees forced out by troops, UN claims, 30 October 2007, http://www.guardian.co.uk/sudan/story/0,,2201896,00.html; and Human Rights Watch press release, Sudan: Cease Darfur Camp Evictions, 31 October 2007, http://hrw.org/english/docs/2007/10/31/darfur17213.htm; and Associated Press, Sudan Tries to Clear Out Darfur Refugees, 31 October 2007, http://ap.google.com/article/ALeqM5jLQuLFxCMq1ZddjnMcyZqZmlsY9AD8SKDFIG0

23

Tanzania Although not as highly urbanised as its neighbour Kenya, Tanzania has seen increased urbanisation in the recent past. Rapid urbanisation has led to increased pressure on urban infrastructure and basic facilities. More than half of Tanzania’s urban population lives in slums in Arusha, Dar es Salaam and Mbeya. Additionally, since May 2006, Tanzania has sent back some 15,000 persons to Rwanda and several thousand more to Burundi. Many of those expelled included naturalised Tanzanian citizens, registered refugees living in refugee camps, and persons who have an apparently valid claim to asylum but reside outside of camps. Some have lived in Tanzania for decades or were born there and have never lived elsewhere.

Tanzanian soldiers, police and militia have reportedly beaten and threatened people whom they wanted to expel and have looted and destroyed their property. In some places, these roundups have resulted in parents being separated from children, including infants being separated from their mothers. In addition, police have confiscated and destroyed documents proving that the targeted persons were naturalized Tanzanian citizens.51

2008 On 11 September, in Kibamba Luguruni area, Dar es Salaam, 3 houses were demolished on the orders of Konondoni Municipal Council to pave way for a public project. The houses were pulled down in the afternoon when the families were away. The victims said the demolition was carried out illegally as no one had compensated them for their property and land and no notice was given. Compensation had been offered earlier but was declined by the families as they felt it was insufficient.52 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: No

Uganda With close to 70% of Uganda’s population dependent on land and agriculture for their livlihood needs, land reforms have been high on the agenda of every political regime.

According to the Foundation for Human Rights Initiative, several attempts at land reform have resulted in multiple legislations on land and related isses often in contradiction with each other and the 1995 Constitution. Although the Land Act of 1998 along with the Constitution provides some security of tenure to lawful tenants, it is reportedly often abused and hundreds of tenants have been forcibly evicted from their land and left homeless especically in Kayunga, Entebbe and Mukono.53 2007 In November, in the State House area of Entebbe, twenty households were evicted by the municipality, apparently due to a directive from higher authorities aimed at beautifying the area in preparation for the Commonwealth Head of Governments Meeting (CHOGM). Traders were also evicted.54 Similar evictions took place in Kampala.55

51

Human Rights Watch Tanzania: Expulsions put Vulnerable People at Risk, 8 May 2008. http://www.hrw.org/en/news/2007/05/08/tanzania-expulsions-put-vulnerable-people-risk 52 The Citizen, Families rendered homeless, 11 September 2008, http://thecitizen.co.tz/newe.php?id=7727 53 Foundation for Human Rights Initiative, Land Rights: The Ugandan Experience, June 2008. http://fhri.or.ug/index.php?option=com_content&task=view&id=64&Itemid=68 54 New Vision, Uganda: State House Evicts Entebbe Residents, 26 July 2007, http://allafrica.com/stories/200707270007.html; and New Vision, State House denies eviction order, 30 July 2007,

24

2008 On 18 August, in Kijumba forest reserve, Buseruka sub-county, Hoima district, 300 families were evicted by National Forestry Authority (NFA) officials and the police. The families were living inside a protected forest reserve. One man was shot and injured.56 On 11 October, in Mukwenda zone, Makerere, 500 families were evicted by an unknown group of armed persons. Shops and homes were demolished and fleeing residents were beaten.

The police suspected a group which claims ownership of the land was behind the demolitions.

A court order had earlier been issued against the residents but the police halted the eviction at the last minute as the title documents were found to be faked.57 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Zimbabwe The human rights situation in Zimbabwe has further deteriorated since the March 2008 elections and the violence that followed. According to Amnesty International state-sponsored violence after the March elections left at least 28,000 people displaced. Victims of violence moved to urban areas to seek refuge and medical care. Most had their homes destroyed and food stocks plundered or destroyed as a punishment for supporting opposition parties. The internally displaced were in dire need of emergency shelter, food and medical care.58 2007 On July 9th, in Harare, between 4,000 and 5,600 students were evicted from their halls of residence by armed police on grounds of “threats to life and destruction of property”. The High Court subsequently ruled that the eviction was illegal.59 On 9 October, in Amaveni, Kwekwe, 38 families were evicted by council officials from the town. Many people had lived there for over 40 years. The area is a stronghold of the opposition Movement for Democratic Change, who alleged that the move was political.60 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: No

http://www.newvision.co.ug/D/8/13/578734; and Daily Monitor, Chogm: Task force on eviction formed, 14 September 2007, http://www.monitor.co.ug/news/news091412.php 55 New Vision, KCC urged to halt evictions, 9 August 2007, http://www.newvision.co.ug/D/8/13/580585 56 New Vision, One shot in Buseruka forest evictions, 19 August 2008, http://www.newvision.co.ug/D/8/13/645312 57 New Vision, Six people injured in Makerere land row, 13 October 2008, http://www.newvision.co.ug:80/D/8/13/654445 58 Amnesty International Report 2009, State of the World’s Human Rights, May 2009. http://thereport.amnesty.org/en/regions/africa/zimbabwe 59 Zimbabwe: University Students Threaten More Protests Over Evictions [SW Radio Africa, 10 July 2007] Lance Guma http://allafrica.com/stories/200707101002.html 2. Zimbabwe: High Court Declares Eviction of UZ Students Illegal [SW Radio Africa, 13 July 2007] Tichaona Sibanda http://allafrica.com/stories/200707131101.html 3. A Violent University Vice Chancellor [ZimDaily, 26 July 2007] Trevor Murai http://zimdaily.com/news/117/ARTICLE/1913/2007-07-26.html 60 Zimbabwe: New Murambatsvina Wave Hits Kwekwe [SW Radio Africa, 18 October 2007] Tichaona Sibanda http://allafrica.com/stories/200710181070.html

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THE AMERICAS Argentina Argentina has seen a wave of social movements that have occupied lands and housing as an act of protest against unproductive and speculative hoarding of resources. Such actions became common in the wake of the 2001 economic crisis, during which industrial workers, urban communities and peasants occupied and took over factories, farmlands and residences abandoned by fleeing companies and the wealthy. In recent times, occupiers have been served with a court order for eviction which, in some, but not all, cases results in their removal by the police. The use of violence is common.

Although the Argentinian Constitution explicitly protects the right to housing, the state has not yet approved a legal framework establishing what that right implies pursuant to the international obligations that the State has assumed. The right to protection from forced eviction is acknowledged only indirectly, through the parts of the Constitution that establish civil rights such as the right to protection from arbitrary interference in private life, the family, the home and correspondence.

2007 On 7 February 2007, approximately 200 families in the city of Claypole and 1,200 families in the city of Evita were evicted. In Claypole, the families had, in January, occupied an area of 9 hectares allegedly belonging to the Union of Municipal Employees of Lomas de Zamora. The eviction was carried out by 300 policemen to enforce a judicial order of the Jurisdictions of Garantías N° 2 of Lomas de Zamora. In the second case, the families occupied an area of 50 hectares belonging to the Housing Institute of Buenos Aires. The eviction was carried out by 400 policemen and the occupiers resisted. Five people were arrested.

On 8 March 2007, in Localidad de Gregorio Laferrere, approximately 400 families were evicted after an order by the Judge Marcelo Claudio Dau, from the First Court of Guarantees, Judicial Department of Matanza. Since 1995, the surrounding neighbours had made complaints against the building, with regards to garbage disposal and collection, abandonment, violence and robbery.61 On 9 March 2007, in Buenos Aires, approximately 45 families were evicted by 50 policemen with a court order. Those evicted included a great number of children. The families were living in the centre of Buenos Aires. They did not resist the eviction. The families had occupied the land years ago after coming from Peru to live and work in Argentina. They were living downtown because of the easier access to employment.62 On 12 April 2007, in Villa Diamante in the Municipality of Lanús, approximately 300 people were evicted from land that was occupied since February as a result of a judicial order stating that the land was the property of ACUBA (Asociación de Curtidores de Buenos Aires). The eviction was carried out by 200 policemen, using plastic bullets and tear gas.63 On 16 April 2007, in Bajo Flores, City of Buenos Aires, approximately 382 people were evicted by federal police after a two day occupation was followed by a judicial order. Police arrested 50

61 http://www.movasamtierraylibertad.wordpress.com 62 http://www.lanacion.com.ar 63 Clarín, Graves incidentes en un nuevo intento de desalojo de un predio en Lanús: hay siete policías heridos, 12 April 2007, http://www.clarin.com/diario/2007/04/12/um/m-01398520.htm

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occupants. The Minister of Public Works claims there was a political intention over the occupation of newly made buildings, which was to be given to several homeless families. 64 On 25 April 2007, in Jose Leon Suarez, Buenos Aires province, approximately 200 families were evicted by state police after a two month occupation on the land owned by CEAMSE and General San Martin Municipal Government, following a judicial order from the 4th Guarantees Court. Four hundred policemen and infantry personnel used plastic bullets and tear gas. A small group of occupants refused to abandon the place and fought back using stones and wood sticks. After the violent eviction, the police tore down the wood and canvas houses.65 On 1 May 2007, in San Telmo, Buenos Aires, dozens of families were evicted by the Municipal Government. The tourism industry, financial and real estate businesses reportedly put pressure on the Municipal Government to evict the people, so that the buildings could be used for business. The Municipal Government has implemented an eviction program that targets historic and tourist centres.66 On 16 May 2007, in San Carlos, dozens of families were evicted as a result of a court order in a case filed by the neighbourhood.67 On 27 June 2007, in San Expedito, Provincia de Salta, approximately 170 families were evicted.

The area that the families had occupied was considered a natural reserve by the Provincial Government. Approximately 600 policemen shot at the occupiers with rubber bullets and tear gas, and when the families were dispersed, they started to destroy the houses. The police were acting under the orders of the Secretary of Homeland Security of the provincial government; however the judge hearing the case denied that any signed order for the eviction had been issued.68 On 4 July 2007, in Parque Patricios, Buenos Aires, approximately 300 families were evicted.

The families had occupied and built several houses of wood and waste products in land, the property of Organismo Nacional Administrador de Bienes del Estado (ONABE). The families held a long negotiation process, assisted by local NGOs, but ONABE simultaneously filed a case in the federal courts. This case ended in an eviction order. The federal police began a violent eviction immediately after the children had left for school. Women in the settlement resisted for some time, but the police started fires in several wooden homes, destroying almost the whole neighbourhood.69

64 Clarín, Siguen detenidas 50 personas por el desalojo en viviendas tomadas en Flores, 16 April 2007, http://www.clarin.com/diario/2007/04/16/um/m-01401008.htm; and La Nacion, Dicen que no fue casual la toma en el Bajo Flores, 16 April 2007, http://www.lanacion.com.ar/informaciongeneral/nota.asp?nota_id=900676&pid=2391143&toi=5274 65 Clarín, Incidentes en José León Suárez durante un desalojo, 25 April 2007, http://www.clarin.com/diario/2007/04/25/um/m-01406775.htm and Página 12, Violento desalojo en José León Suarez, 25 April 2007, http://www.pagina12.com.ar/diario/ultimas/20-84058-2007-04-25.html 66 http://www.hemisphericinstitute.org/journal/april%202006/Multimedia%20presentations/3*%20Grupo%20de %20Arte%20Callejero/gac2.php 67 El Día, Tensión en el desalojo de tierras ocupadas en 25 y 83, 16 May 2007, http://www.eldia.com.ar/edis/20070516/laciudad0.htm 68 Clarín, Salta: incidentes durante el desalojo de 170 familias sin orden judicial, 27 June 2007, http://www.clarin.com/diario/2007/06/27/um/m-01446279.htm 69 Indymedia Argentina Centro de Medios Independientes, Violento desalojo de asentamiento en Parque Patricios, 04 July 2007, http://argentina.indymedia.org/news/2007/07/531763.php and Anred, Violento desalojo de asentamiento en Parque Patricios, 04 July 2007http://www.anred.org/article.php3?id_article=2168

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On 14 July 2007, in Plaza Cortazar, Buenos Aires, dozens of art and craft traders were evicted from an irregular flea market run for tourists in a public park. The Correctional Prosecutor of the City issued an order for eviction of all traders who were not part of the municipal traders' registry. During the summer of 2007, the traders decided to resist the eviction, but the municipal Government held that the market was in conflict with the Palermo Ordering Programme and requested the police to evict the traders. Federal police reportedly engaged in violence during the eviction.70 On 14 November 2007, in Santiago del Estero, an indigenous soybean producer was evicted and imprisoned after a court order accusing him of illegal land appropriation. The peasant had already denounced the local soybeans producers for damaging the environment, especially the woods. Heavy armed policemen and paramilitary policemen broke into the peasant's house and violently arrested him.71 2008 On 1 May 2008, in Montserrat, Buenos Aires, 28 families were evicted as a result of a court order issued in favour of the landowner. The families were occupying an empty building. The Government of the city of Buenos Aires stated that they will try to provide compensation to the evicted families. During the eviction, some property of the evictees was damaged by the police.72 On 7 June 2008, in La Quiaca, families were evicted from a Government building by a judicial order. About 35 people were injured in the police action.73 On 12 June 2008, in Catriel, one family – a woman and her child – were evicted by their landlord.74 On 18 June 2008, in Bariloche, Cerro Ventana, 20 families were evicted by a building company. The company claimed to own the building and evicted the families using private security personnel. The families were left without any housing.75 On 20 June 2008, in Bariloche, Ruca Choroy, a woman and her child were evicted as a result of a court order.76 On 8 July, in Lomas de Zamora, approximately 200 families were evicted as a result of a court order. The Municipality sought the land in order to build new houses.77

70 Indymedia Argentina Centro de Medios Independientes, Violento desalojo de artesanos y artesanas. Capital Federal: Represión en Plaza Cortazar, 16 July 2007, http://argentina.indymedia.org/archives/archive_display_by_date.php?category_id=34&page=8 71 Página 12, Golpes, disparos y detenciones para los campesinos santiagueños, 14 November 2007, http://www.pagina12.com.ar/diario/sociedad/3-94639-2007-11-14.html 72 La Nación, Desalojo con incidentes. Más de 20 familias debieron abandonar una casa usurpada; un policía y un ocupante resultaron heridos; un detenido, 22 May 2008, http://www.lanacion.com.ar/informaciongeneral/nota.asp?nota_id=1014652&pid=4474909&toi=5822 73 La voz, Violento desalojo de desocupados en La Quiaca. Hubo una decena de heridos. El cura Olmedo inició una huelga de hambre, 7 June 2008, http://www2.lavoz.com.ar/Nota.asp?nota_id=210147&high=Desalojo 74 Rio Negro, Mujer con cinco hijos se queda sin casa Los propietarios exigieron el terreno donde la mujer tiene una precaria vivienda, en Catriel, 12 June 2008, http://www.rionegro.com.ar/diario/2008/06/12/20086m12s11.php 75 Rio Negro, Denuncian desalojo en el cerro Ventana, 18 June 2008, http://www.rionegro.com.ar/diario/2008/06/18/20086m18s03.php 76 Rio Negro, Recuperó su vivienda, 20 June 2008, http://www.rionegro.com.ar/diario/2008/06/20/20086l20s05.php

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On July 11 and 12, in Villa 20, Buenos Aires, approximately 30 families were evicted from newly made houses that were to have been given to other poor families. The 30 families had occupied the buildings as a gesture of protest. The Contravention Judge issued an urgent eviction order which was executed by the Gendarmerie policemen.78 On 15 July, in Neuquén, 10 families were evicted as a result of an executive order. The eviction resulted in demands that the Housing Secretary resign.79 On 17 July, in La Plata, the police evicted an informal settlement near the La Plata Airport without providing any justification. A woman was injured.80 On 21 July 2008, in San Cristobal, approximately 24 families were evicted as a result of a court order.81 On 28 July, in El Talar, approximately 10 families were evicted as a result of a court order. The families belonged to the indigenous settlement Comunidad Jase Endy Guazu.82 On 14 August, in Buenos Aires, 68 families were evicted as a result of a court order.83 On 21 August, in El Cadillal, approximately 7 families were evicted as a result of a court order.

The eviction was violent. Three people were arrested and one house burned. The families had lived there for 14 years.84 On 1 September 2008, in Buenos Aires, approximately 20 families were evicted as a result of a court order. The families had occupied a building located in a wealthy area of Buenos Aires.

They were evicted after two months.85 On 2 September 2008, in Park Mitre, a family was evicted as a result of a court order. The State Government had sought the eviction order as the family was living on Government land.86 On 10 November 2008, in Almirante Brown, Buenos Aires province, approximately 120 families were evicted as a result of a court order in a criminal case.87 77 Info Región, Tensión durante el desalojo de 200 familias en Villa Centenario, 9 July 2008, http://www.inforegion.com.ar/vernota.php?titulo=Tensi%C3%B3n-durante-el-desalojo-de-200-familias-enVilla-Centenario&tipo=N&idPub=72108&id=158219&dis=1&sec=4 78 Página 12, Un grupo de vecinos de la Villa 20 intentó ocupar viviendas adjudicadas a otras familias sin recursos. Pelea entre pobres por un techo digno. Las viviendas nuevas estaban ahí, frente a la Villa 20, en Cruz y Pola, Villa Lugano. El intento de ocupación se inició el jueves a la noche. La policía los desalojó con gases y detuvo a cinco personas. Anoche seguía la tensión en el barrio, 12 July 2008, http://www.pagina12.com.ar/imprimir/diario/sociedad/3-107694-2008-07-12.html 79 Rio Negro, Por el desalojo de una toma piden renuncia de funcionario, 15 July 2008, http://www.rionegro.com.ar/diario/2008/07/15/20087m15s12.php 80 http://www.diariohoy.net/vx/verNoticia.phtml/html/268576622/ 81 C.I.B.A. - Coordinadora de Inquilinos de Buenos Aires report to COHRE 82 Jujuy al Dia, Desalojo Comunidad Jase Endy Guazú de El Talar, 29 July 2008, http://www.jujuyaldia.com.ar/General/51204.html 83 Clarín, Barracas: desalojan a 68 familias que vivían a un costado de las vías del Roca, 15 August 2008, http://www.clarin.com/diario/2008/08/15/um/m-01738373.htm 84 El Siglo, Casa destruida y 3detenidos en un desalojo en El Cadillal, 21 August 2008, http://www.elsigloweb.com/portal_ediciones/523/portal_notas/23449-casa-destruida-y-3detenidos-en-undesalojo-en-el-cadillal and La Gaceta, En el Cadillal. Un desalojo sacó a la luz una interna sindical, 21 August 2008 http://www.lagaceta.com.ar/vernota.asp?id_nota=286730 85 Clarín, Desalojaron a unas 20 familias que habían ocupado un edificio de Recoleta, 1 September 2008, http://www.clarin.com/diario/2008/09/01/um/m-01750889.htm 86 El Litoral, Era la vivienda de una familia que además tenía un negocio. Primer desalojo fiscal en la zona del Parque Mitre, 2 September 2008, http://www.el-litoral.com.ar/leer_noticia.asp?IdNoticia=94007

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On 18 November 2008, in Rosario, Santa Fe Province, 6 families were evicted as a result of a court order issued after a case was filed regarding the ownership of the land.88 On 21 November 2008, in Lomas de Zamora, approximately 300 families were evicted as a result of a court order. The occupiers were local residents who had occupied the land about two weeks earlier to protest the lack of access to houses and land in the neighbourhood. The provincial administration promised to take steps towards buying the land.89 On 27 November 2008, in Godoy Cruz, Mendoza Province, 3 families were evicted as a result of an order by the local deputy. Five houses were raided as part of a criminal investigation into the ownership of the land, which the deputy claimed was Government property. In the process, three of the families were evicted, as they were unable to prove that they had a right to live there. Those evicted complained that they were not given any chance to defend themselves.90 On 03 December 2008, in Arroyito, Rio Negro Province, one family was evicted as a result of a court order. The Senillosa family had administered a campsite for 30 years for YPF (the state oil company that was privatised in the 1990's). When they demanded pay, they were evicted, even though they were joined by local teachers in their protests.91 On 3 December 2008, in Chimbas, San Juan Province, approximately 200 people were evicted from their homes on private land as a result of a court order. In the resulting clash six police officers were injured and six persons detained.92 On 3 December 2008, in Lomas de Zamora, Buenos Aires Province, 48 families were evicted by the police, on the grounds that the area was state land. The residents alleged that the police used violence. Moreover they claimed that there was no court order for eviction.93

87 Info Región, Desalojaron a más de 120 familias del asentamiento "Villa París", 10 November 2008, http://www.inforegion.com.ar/vernota.php?titulo=Desalojaron-a-m%C3%A1s-de-120-familias-delasentamiento-Villa-Par%C3%ADs&tipo=N&idPub=78871&id=168150&dis=1&sec=4 88 Noticias de Santa Fe, Rosario: Complicado desalojo en La Florida por orden policial, 13 november 2008, http://noticiasdesantafe.derf.com.ar/despachos.asp?cod_des=60986&ID_Seccion=128 89 Info Región, Caos vehicular y tensión tras el desalojo del predio en Camino Negro, 21 November 2008, http://www.inforegion.com.ar/vernota.php?titulo=Caos-vehicular-y-tensi%C3%B3n-tras-el-desalojo-del-predioen-Camino-Negro&tipo=N&idPub=79497&id=169073&dis=1&sec=4; Infobae, Buscan el diálogo tras el desalojo en Camino Negro, 21 November 2008, http://www.infobae.com/contenidos/416440-100799-0-Buscan-eldi%C3%A1logo-el-desalojo-Camino-Negro; Clarín, Luego del Piquete del miércoles en la Illia, ayer bloquearon durante más de cinco horas el Camino Negro. Otro largo corte de una autopista: fue por incidentes en un desalojo, 21 November 2008, http://www.clarin.com/diario/2008/11/21/laciudad/h-01807090.htm; La Provincia, Terminó el desalojo en Lomas de Zamora, Undated, http://www.agencialaprovincia.info/index.php?option=com_content&task=view&id=31424&Itemid=12 90 Diario Uno, Una de las mujeres desalojadas ayer aseguró haber comprado la casa, 27 November 2008, http://www.diariouno.com.ar/contenidos/2008/11/27/noticia_0008.html and Diario Uno, Desalojaron tres casas en el barrio Ruiseñor. La fuerza pública actuó sobre algunas de las viviendas usurpadas y denunciadas. Otras dos fueron registradas, 27 November 2008, http://edimpresa.diariouno.net.ar/2008/11/27/nota198955.html 91 Rio Negro, Desalojo violento de una familia en Senillosa. Ocupaban un camping de YPF en la zona de Arroyito. La policía detuvo a 5 personas, pero luego fueron liberadas. Un grupo de docentes intentó impedir el operative, 3 December 2008, http://www.rionegro.com.ar/diario/2008/12/03/1228273601201.php 92 Diario de Cuyo, La usurpación terminó con policías heridos y 6 presos. Unos 50 usurpadores apedrearon a los uniformados cuando los desalojaban ayer, durante la madrugada, 3 December 2008, http://www.diariodecuyo.com.ar/home/new_noticia.php?noticia_id=316543 93 Info Región, Tensión durante un desalojo en un barrio de Puente La Noria, 3 December 2008, http://www.inforegion.com.ar/vernota.php?titulo=Tensi%C3%B3n-durante-un-desalojo-en-un-barrio-dePuente-La-Noria&tipo=N&idPub=80123&id=170014&dis=1&sec=4 and Diario El Sol, Desalojo en el Barrio Rey

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On 18 December 2008, in Oberá Misiones Province, six families were evicted as a result of a court order. The eviction was ordered by the court as part of a criminal proceeding. Some of those evicted were later arrested when they blocked a road in protest.94 On 22 December 2008, in Paso de Córdoba, Rio Negro Province, approximately 15 families were evicted as a result of a court order, on the grounds that the occupied lands belonged to a private owner.95 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Bolivia The steps taken by the Government of Evo Morales and the trend of asserting the rights of indigenous people has led to frequent land occupations and clashes over lands claimed by indigenous communities as their ancestral heritage.

2008 On 21 August 2008, in Potosí, a large number of peasants were evicted as a result of an administrative decision to remove them from private lands that they had occupied a week earlier. The occupation was done as a protest, with the peasants demanding restitution of lands which were owned by their ancestors. 37 people were detained. Some media sources say that the peasants had already signed an agreement with the owner to take over part of the land, but the peasants broke the agreement and occupied the whole property.96 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Brazil In a manner that has inspired similar movements throughout Latin America, the Landless Workers' Movement (MST) and other organisations in Brazil have led a wave of occupations of unproductive land and unused housing by landless workers and the homeless. Many forced evictions occurred as a result of court cases, police actions and illegal private violence by landowners in response to these actions, which the movements argue are a fundamental part of the struggle of the poor for their right to land and housing. The ascent of democratic and, later, leftist governments has also led to steps by the government to address these issues by

David. En un predio de la zona de Puente La Noria, en Villa Fiorito, 4 December 2008, http://www.elsolquilmes.com.ar/noticias.php?n_id=14544&edicion=345 94 Misiones On Line, Incidentes y demorados en el desalojo de ocupantes cerca del complejo Berrondo, 18 December 2008, http://www.misionesonline.net/paginas/detalle2.php?db=noticias2007&id=126950 and Misiones On Line, Disturbios y demorados en desalojos, 18 December 2008, http://www.misionesonline.net/paginas/detalle2.php?db=noticias2007&id=126962 95 Roca Digital, Desalojo en una toma de terrenos, 22 December 2008, http://www.rocadigital.com.ar/noticia.php?id=10411 and Rio Negro, Desalojo en Paso Córdoba, 22 December 2008, http://www.rionegro.com.ar/diario/2008/12/22/1229948280.php 96 http://www.eldeber.com.bo/vernotaahora.php?id=080818235637

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expropriating lands and houses that are not being put to productive use. The primary agency for such expropriation in rural areas is the National Institute for Agrarian Reform (INCRA).

A good indicator of the conflict is the fact that, in 2007, the Federation of Agriculture of the State of Parana (FAEP) contested the numbers officially presented by the National Agrarian Ombudsman, a body of the Ministry of the Agrarian Development. While the Federal Government said that land invasions had fallen by half in the years preceding 2007, FAEP claimed that they had increased by 36.11%. FAEP also claimed that the government was reluctant to implement judicial orders that have been issued in their favour by the courts. But the State Secretariat of Public Security contested these claims, stating that since 2003, 148 evictions have taken place in Parana.

2007 On 5 January 2007, in Abatiá e Santo Antônio da Platina, Parana, approximately 200 people were evicted as a result of a legal order to evict the occupiers of Ribeirao Bonito Farm.

Approximately 200 policemen attacked the peasants, who belong to the Landless Workers Movement (MST) and have been occupying the area since December 2006. The peasants left the area peacefully. Some peasants are still living on the streets.97 On 10 January 2007, in Amambaí, Mato Grosso do Sul, approximately 200 people in the indigenous community of Aldeia Taquapery were evicted by private security forces hired by landowners. There was no judicial order issued on behalf of the said landowners. The indigenous community was claiming land rights over the territory they traditionally occupy. An indigenous woman, Kuretê Lopes, 70 years old, was shot and killed during the private forces' incursion.98 On 16 January 2007, in Londrina, Parana, approximately 50 families were evicted. The families belong to the Landless Workers Movement (MST) and were living in the area since September 2006. The eviction was illegal and was done by private armed guards. The occupied area belongs to a Federal Councilman (PP-PR). The evictees were threatened at gunpoint and their shacks were burned down.99 On 26 January 2007, in Flores de Goiás, approximately 600 families were evicted. A force of 80 policemen attacked the Sete Rios Farm where 600 families were living, despite the lack of a judicial order. The families had originally occupied the Ilha Bela farm and left for the Sete Rios farm early on the morning of the 26th. They were accused by the police of having pillaged the Ilha Bela farm, and this was used as a pretext to justify the unlawful and violent invasion of Sete Rios farm. The peasants were beaten by the police. 100 On 31 January 2007, in Brasília, approximately 300 families were evicted by troops of the Special Operations Battalion (BOPE, ROTAM) and the military police. The families had lived in the industrial sector of the city for 8 years. Their shacks were destroyed. The recently appointed District Governor (PFL) is implementing a policy to vacate all areas that have been occupied irregularly. The unexpected eviction left the families without any alternative residence or livelihood, as the majority of the evictees worked together in a cooperative located in the

97 Agência de Notícias Estado do Paraná, PM garante mais uma desocupação no Paraná, 2 January 2007, http://www.aenoticias.pr.gov.br/modules/news/article.php?storyid=25377 98 CMI (Centro de Mídia Independente - http://www.midiaindependente.org) 99 http://www.mst.org.br/mst 100 O Globo, Polícia é acusada de invadir acampamento em Goiás, 26 January 2007, http://oglobo.globo.com/pais/mat/2007/01/26/287571176.asp

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area. Women and children were referred to the Jurisdiction of Child and Adolescents. The men were blocked from entering the Jurisdiction by the police.101 On 31 January 2007, in Brasilia, in the Sector of Inflammables, approximately 250 families were evicted by the Government of the Federal District with the support of 400 policemen.

The families had a co-operative of paper-pickers who collected paper for recycling and were living on public land. The eviction was carried out by the Service of Land Vigilance, a governmental agency of the Federal District. The evictees had been living in the area for 10 years. The inhabitants allege they neither received any notification of the eviction nor were offered any alternative for resettlement. They were offered a place at a public lodge and US$ 120 to buy a ticket to travel to another city. The worker's co-operative has been active since 2003 and is supported by many NGOs, the Catholic Church and federal agencies, including the Brazilian Bank and the Ministry of Science and Technology. All the children were enrolled in schools in the region. 102 On 2 February 2007, in Santa Tereza do Oeste, Parana State, approximately 62 families were evicted from areas owned by the Swiss multinational Syngenta. This was despite the fact that the Governor of the State was taking steps to expropriate the area on behalf of landless peasants part of the Landless Workers Movement (MST). The corporation moved to court against the Expropriation Decree, and the State Tribunal nullified it on the grounds that the reason for the expropriation was illegal. Syngenta wants to use the area for research on models of agricultural development. The decision ordering the eviction was issued on the writ petition presented by Syngenta (Mandado de Segurança n.º 398.169-9) before the Special Jurisdiction of the Tribunal of Justice. The area was occupied in March 2006 by MST and Via Campesina and afterwards was declared as of social interest for expropriation by the State Government. On 8 November 2007 the families were evicted.103 Reportedly another 70 families had earlier been evicted on 18 July.104 On 5 February 2007, in Itapetininga, Sao Paulo, 80 members of Landless Workers Movement (MST) were evicted from the Centre of Goat and Sheep of the State Secretariat of Agriculture (Sao Paulo). The eviction order was issued by the Jurisdiction of Itapetininga on 15 January.

According to MST leaders, only 10 per cent of the area of the farm was being used. 105 On 7 February 2007, in Marabá, Pará State, approximately 150 people were evicted from Todos os Santos Farm during the 'Tocantins' operation perpetrated by the military police, with the objective of reinstating ownership in farms occupied in the South and Southeast of Pará State. The Tocantins Operation lasted about thirty days and involved eviction of residents of twelve farms in the South and Southeast regions of the State. The eviction was peaceful, without any resistance on the part of the occupiers. The court order was implemented by the Judiciary with the support of the Special Missions Command troops and the State Military police.106 On 9 February 2007, in Amambaia, approximately 70 families of the indigenous community of Kaiowá Guarani were evicted when they tried to occupy the lands of a farm. They were illegally evicted by the militia of the landlord, and 12 trucks were used along with firearms.

101 Benedito Barbosa (National Coordination of the National Forum of Urban Reform) 102 Agência Brasil, Catadores de materiais recicláveis são despejados de área pública do DF, 31 January 2007, http://www.agenciabrasil.gov.br/noticias/2007/01/31/materia.2007-01-31.4213907018/view 103 http://www.parana-online.com.br/noticias/index.php?op=ver&id=259899&caderno=3 104 www.paranaonline.com.br 105 Jornal Estadão (www.estadao.com.br) 106 Polícia Militar do Pará, http://www.pm.pa.gov.br/index.php?option=com_content&task=view&id=212&Itemid=61

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During the eviction, the elderly indigenous leader Xuretê Julita Lopes, aged 73, was shot and killed.107 On 26 February 2007, in Porto Alegre, Rio Grande do Sul State, approximately 500 people were evicted by150 policemen from an area near the Dry Port. The area is to be allocated to the resettlement of the families of slum Vila Dique so as to allow for extension of the airport headquarters.108 On 6 March 2007, in Belém, Para State, two families were evicted as a result of a court order directing the eviction in order to make way for the 'Portal da Amazônia'. The families had been using the building, located on the banks of river Guamá, to live and work for more than 20 years. The order was issued by the 5ª Federal Jurisdiction of State of Pará, on behalf of the City Hall of Belem. The building will be demolished for the extension of the road José Bonifácio.

The road is part of the project 'Portal da Amazônia' being implemented by the municipality.109 On 9 March 2007, in Curitiba, Parana State, approximately 1,500 people were evicted from an area in the neighbourhood of Campo Comprido, municipality of Curitiba. They were forced to leave due to a judicial order issued by the Judiciary on behalf of the landowners. The evictees state that they were not notified of the eviction and that they will appeal. The judicial order was issued by the 22.ª Civil Jurisdiction of Curitiba, on behalf of Triunfaz Constructions and Incorp. Ltda, owner of the 100,000 sq. m area. The eviction order was implemented with the support of the state police, comprising special troops (Rondas Ostensivas de Natureza Especial -Rone, Rondas Ostensivas Táticas Motorizadas -Rotam, Batalhao Choque, Batalhão de Trânsito), dogs, 50 vehicles and a helicopter. The Commander of the 12.º Troop of the State Military Police justified the use of this force due to the large number of people living in the area. About 40 people spent the next 24 hours after the implementation of the eviction on the banks of Rio Barigui, in the street 19 de Abril, bairro Fazendinha. But they were subsequently removed from this place as well. 110 On 9 March 2007, in Eldorado do Sul, women workers were evicted from areas they had occupied belonging to the transnational companies Aracruz Celulose, Votorantim, Stora Enso and Boise, that own many properties located in the region, near the Guaiba river, which is a plentiful source of potable water. The areas are used for the plantation of pulp trees. The workers were evicted by the state police without any judicial order.111 On 16 March 2007, in Quilombo community in Mata Cavalo, Municipality of Nossa Senhora do Livramento, State of Mato Grosso, approximately 20 families were evicted as a result of six judicial orders issued on behalf of alleged private owners. The orders were issued by the 2ª Federal Jurisdiction of Mato Grosso. There are approximately 20 lawsuits presented by private third parties claiming the land and threatening the community's security of tenure. The

107 Brasil de Fato (www.brasildefato.com.br) 108 http://www.clicrbs.com.br/clicnoticias/jsp/default.jsp?tab=00002&newsID=a1432780.htm&subTab=00010&uf =1&local=1&l=&template=2503.dwt&section=Not%EDcias 109 Movimento Orla Livre, Famílias despejadas na Bernardo Sayão. O Liberal, 06 March 2007, http://orlalivre.blogspot.com/2007/03/famlias-despejadas-na-bernardo-sayo-o.html 110 http://www.parana-online.com.br/noticias/index.php?op=ver&id=266522&caderno=3, http://www.parana-online.com.br/noticias/index.php?op=ver&id=266771&caderno=3 111 Movimento dos Trabalhadores Rurais Sem Terrra, Trabalhadoras rurais são despejadas de ocupações no RS, 09 March 2007, http://www.mst.org.br/mst/pagina.php?cd=3018

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community have been living in the area since 1874; their lands had increased in value due to the existence of gold mines in the surrounding area. 112 On 21 March 2007, in Curitiba, Parana State, approximately 40 families were evicted as a result of an eviction order in favour of Cidadela Construction. In total, 140 policemen participated in the eviction operation. The Capitan of the 13 Troop said there was no resistance offered by the families, as since December they have known that they have to leave the area. The company provided for transportation of the furniture and materials, which were stored in a public warehouse. 113 On 23 March 2007, in Porto Alegre, approximately 36 families were evicted from a building that had been occupied by the National Movement that Struggles for Housing (MNLM) since November 2006. The eviction was done by 600 policemen, who used tear gas bombs. The Commander of the operation said the more policemen involved, the lower the possibility of conflict. The families decided to leave the building chained as a way to demonstrate that while the building is vacant it had been used for criminal purposes, including an attempted bank robbery.114 On 23 March 2007, in Santa Teresa do Oeste, Parana State, families were evicted as a result of an order by the 17.ª Civil Jurisdiction of the Tribunal of Justice of the State of Paraná (TJ-PR).

The property belongs to the company Syngenta Seeds and had been occupied by the Via Campesina Movement. In case of non compliance, the State directed payment of a fine of US$ 25,000 per day.115 On 24 March 2007, in Diamente do Oeste, Parana, approximately 700 people were evicted.

According to the Landless Workers' Movement (MST), the police force breached the agreement that was made in the presence of the company Diamante do Oeste, under which the families would vacate the farm house and move to an area of 12 hectares located within the farm. They would remain there for two weeks in order to find a place to move to. Five evictees were injured and taken to the hospital. The workers were demanding that the judiciary should investigate the tobacco business of the farmer who had obtained the eviction order. The State police encountered resistance during the implementation of the eviction order. The workers blocked two parts of the road PR-488, which connects Diamante do Ouster to Santa Helena, to prevent the police from entering the property. The police used firearms in order to enter the farm and evict the workers.116 On 31 March 2007, in Santa Maria do Oeste, Parana State, approximately 30 families were evicted by the 16.º troop of the State military police of Guarapuava on the basis of a judicial order to evict the occupants of farm Santa Maria. Since August 2006, 30 landless families had been occupying the area, and during the eviction they were sent to relatives’ houses or to landless settlements near the farm. The judicial order was issued in August 2006 but the State Secretariat of Justice did not allow the use of public force until the conclusion of the negotiations being carried out by the National Institute of Agrarian Reform (INCRA) and the landowners. INCRA denied that such negotiations were taking place and then the State

112 Diario de Cuiaba, PF cumpre despejo de 20 famílias, 16 March 2007, http://www.diariodecuiaba.com.br/detalhe.php?cod=280539 and Diario de Cuiaba, Novas ordens de despejo dos quilombolas, 15 March 2007, http://www.diariodecuiaba.com.br/detalhe.php?cod=280439 113 http://www.parana-online.com.br/noticias/index.php?op=ver&id=269424&caderno=3 114 Movimento dos Trabalhadores Rurais Sem Terrra, Sem Teto são despejados em Porto Alegre, 23 March 2007, http://www.mst.org.br/mst/pagina.php?cd=3150 115 http://www.parana-online.com.br/noticias/index.php?op=ver&id=269720&caderno=3 116 http://www.parana-online.com.br/noticias/index.php?op=ver&id=269991&caderno=3

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decided to provide the means for the landowners to implement the judicial order. The eviction was carried out by 300 policemen and the workers left the area peacefully. 117 On 18 April 2007, in Ubarana, Sao Paulo, approximately 100 families were evicted. The families had occupied the farm of Fazenda Cataco, an area with 4 thousand alqueires, which had been rented out to the owner of farm Santa Izabel for the plantation of sugar cane. The military police carried out the eviction. 118 On 3 April 2007, in Rio de Janeiro, the owner of an occupied area, Ocupação Poeta Xynaíba, at Tijuca managed to overcome a precautionary measure (a stay order) issued against an eviction. The number of people evicted is unknown. 119 On 14 April 2007, in Inácio Martins, Parana, approximately 15 families were evicted as a result of an order issued by the judge of the judicial district of Irati in August 2006. The Farm Ambiental Paraná Florestal S/A had been occupied 7 months ago. 120 On 4 May 2007, in Guapirama, Parana State, approximately 100 people were evicted from the farm of São Roque Gonzáles.121 On 5 May 2007, in Ponta Grossa, Parana State, approximately 80 members of the Movement of Landless Workers were evicted as a result of a two year old eviction order by a court. The order had not been implemented, and the court directed the imprisonment of the GeneralCommander of the State Military Police and the Commander of the First Battalion of Ponta Grossa in case they did not carry it out. Also, the military police was directed to pay a fine of US$ 5,000 per day if they did not carry out the eviction. The families were evicted from the farm of São Francisco, where they had been living since 2005. The eviction was carried out by 120 policemen. The area belongs to the Tenet Colonel Valdir Copetti Neves, who had been imprisoned some months before the eviction for attempting to use private militia to evict the families without the due legal process.122 On 11 May 2007, in Fortaleza, approximately 31 families were evicted from Conjunto Habitacional Santa Helena II, as they did not have the money to pay for their housing finance to the Caixa Econômica Federal bank.123 On 12 May 2007, in Pinheiro, approximately 110 families were evicted by military police and their houses destroyed after an order by the mayor of the city, Mr. Filuca Mendes.124 On 18 May 2007, in Itapecerica da Serra, Sao Paulo, more than 3,500 families were evicted from the Settlement of João Cândido. The occupiers, from the Movement of Homeless Workers (MTST), left the area peacefully. After that, 2,000 people marched for 8 km towards the temporary area offered by the City Hall, located in Villa Calu.125

117 http://www.parana-online.com.br/noticias/index.php?op=ver&id=271617&caderno=3 118 MST (http://www.mst.org.br) 119 CMI (Centro de Mídia Independente - http://www.midiaindependente.org) 120 www.parana-online.com.br 121 cidades@parana-online.com.br 122 cidades@parana-online.com.br 123 O Povo on line, Mutuários protestam contra despejos, 11 May 2007, http://www.opovo.com.br/opovo/fortaleza/694199.html 124 Jornal Pequeno, Prefeito manda derrubar casas de famílias pobres em Pinheiro, 20 April 2007, http://www.jornalpequeno.com.br/2007/4/20/Pagina54611.htm 125 Movimento dos Trabalhadores Sem-Teto - MTST (http://mtst.info/)

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On 21 May 2008, between the municipalities of Verdelândia and Varzelândia, north of State of Minas Gerais, approximately 40 people were evicted. According to the military police, 40 members of the quilombo movement of Brejo dos Crioulos occupied the farm of Vista Alegre in the dawn of 20 May. The housekeeper tried to expel the families using firearms against the quilombolas (persons of African origin). Two people were injured. The military police was called by the farmer and 60 policemen on 14 cars and 1 helicopter, heavily armed and carrying tear gas and dogs carried out the eviction. The eviction was illegal as it was not based on a judicial order. Three quilombolas were arbitrarily imprisoned.126 On 23 May 2007, in Candeias do Jamarí, approximately 22 families were evicted from Urupa farm after a court order in a lawsuit by the Agropecuária do Rio Candeias. 127 On 12 June 2007, in Cruzeiro do Oeste, Parana State, approximately 300 families were evicted from the farm Urupês, which had been occupied since 12 June 2006 by families belonging to the Landless Workers Movement (MST). According to the Military Police, 300 families were camping in the area. The eviction started around 6am and lasted for 10 hours. The eviction was carried out by 400 policemen who helped the families to vacate the land and take away their belongings. According to the police, the families returned to the settlement they used to live in before. The eviction was carried out peacefully.128 On 29 June 2007, in Itupiranga, Para State, approximately 60 families were evicted as a further part of the Tocantins Operation. As the areas were difficult to access, the policemen took more than three hours to reach the place where 30 shacks were found empty. Afterwards, the troops continued the eviction by taking boats to evict families living on the banks of River Cajazeiras. 129 On 3 July 2007, in Bom Jesus do Tocantins, Para State, 66 families were evicted by the Special Missions Command troop from the 4º Battalion of the Military Police (4º BPM) in a dawn operation at 5 am. All the military police engaged in the Tocantins Operation escorted two tipstaffs from the Marabá Agrarian Judiciary, for implementing a court order to reinstate ownership. The eviction took place at the Bacuri farm, located in Bom Jesus de Tocantins county, 66 kilometers from Marabá. The police claimed that their objective was to clear out the properties without conflict, protecting the tipstaff, applying the law and honouring the dignity, the civil and the human rights of the farm occupiers.130 On 4 July 2007, in Cabrobó, Pernambuco State, members of social movements and indigenous communities who were camping to protest against the transposition of São Franciso River were evicted. Agents of the federal police, the military police, and a Funai representative arrived at the camp on 26 June to evict the occupiers in accordance with a court order. They used helicopters, buses, dozens of police vehicles with substantially armed policemen and an ambulance. The occupiers, who had been in the area for more than a week, were not informed that the eviction was about to happen. To avoid bloodshed, people agreed to peacefully leave the area. They had time only to gather their belongings before leaving. About 15 military

126 CEDEFES - Centro de Documentação Eloy Ferreira da Silva (http://www.cedefes.org.br) 127 http://www.rondoniaovivo.com/exibenot0.php?id=29141 128 parana-online.com.br 129 Agência Pará, http://www.agenciapara.com.br/agpa2007/exibe_noticias.asp?id_ver=9546 130 Polícia Militar do Pará, http://www.pm.pa.gov.br/index.php?option=com_content&task=view&id=216&Itemid=61

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policemen - all without identification – in four vehicles closed the entrance to the camp and declared that they were there on the request of the police command.131 On 11 July 2007, in Belo Horizonte, Minas Gerais State, approximately 937 families from the Movement of the Struggle of Slum Neighbourhoods and Villages were evicted from two areas of urban occupation. The eviction was in the form of an all-out assault by the military police, including the use of helicopters.132 On 14 July 2007, in Belo Horizonte, Minas Gerais State, approximately 120 families were evicted from City Hall property located in Barreiro street. The families were removed by pageantry police force, who reportedly engaged in offensive and injurious actions against men, women and children. The City Hall did not open any dialogue or negotiation about the eviction, nor did it propose any alternative habitation. The families were evicted as a result of a court order. The National Relaters of Human Rights Home contacted the Federal Attorney for Citizen’s Rights, the City Cabinet, the Human Rights Special Bureau, the State Human Rights Bureau, the City Hall Human Rights Bureau and the Human Rights Committee of the Legislative Assembly to protest the eviction.133 On 20 July 2007, in Cáceres, approximately 200 families were evicted by dozens of military policemen from Rancho Verde farm, located on the border of the 070-Federal Road, in the city entrance. The eviction was in pursuance of an order given sixty days earlier by the 3rd Court of Justice. The costs of the operation were paid by the owners of the land. The area was occupied by rural landless workers connected to the Landless Workers Movement (MST) for two years. Initially, the Federal Government wished to attempt negotiation in order that the National Institute of Colonization and Land Reform (INCRA) could register the families accommodated in the camp, but the land owners did not accept the valuation offered by the Government, and filed suit instead for eviction.134 On 20 July 2007, in Porto Alegre, two sheds under construction were demolished at the police slum, Glória district. The Environment Municipal Secretary justified the demolition as the houses were located in an environmentally protected area. The eviction was done jointly by the Environment Inspection Bureau (SMAM) from the capital and the Environment Military Commando.135 On 25 July 2007, in Americana, Sao Paulo, 250 families left their camp in Saltinho farm after the Ester Mill threatened them with violent eviction in the wake of an order in the Mill's favour. The Sao Paulo Land Institute Foundation says the land is public land being incorrectly used for sugarcane plantations by the Mill. 136 On 15 August 2007, in Curitiba, State of Parana, four people were affected by the eviction of a 220 sq. m area in Sítio Cercado District by Curitiba City Hall. According to the residents, the Municipal Guard action was illegal. The Terra de Direitos ONG, which gives legal advice to the residents, argued that the eviction was irregular because it occurred without a judicial mandate. The city hall did not respect the legal process and the residents' right to be heard.

The city hall claims they need the terrain to build a Social Assistance Reference Centre.

131 Biodiversidad en América Latina y El Caribe, Brasil: após despejo, manifestantes garantem que mobilizações continuam, 10 July 2007, http://www.biodiversidadla.org/content/view/full/33687 132 National Forum of Urban Reform/Brazil 133 Lúcia Maria Moraes Public Commentator by the Human Right to Proper Habitation and Urban Land, Email correspondence 134 Diário de Cuiabá (http://www.diariodecuiaba.com.br/) 135 Jornal do comércio - (Market daily) 136 MST - Movimento dos Sem-Terra (http://www.mst.org.br/mst/)

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On 29 August 2007, in Aracajú, 438 families were evicted from the ancient club of Telergipe.

The Telemar, the actual owner, filed suit and was granted a favourable order on 14 August by the judge of 8ª Court House. The people accommodated in a camp claimed that they did not have a place to go. According to the source, the eviction was peaceful and the sheds were already dismantled at the moment the police arrived. 137 On 1 September 2007, in Brasília, Distrito Federal, approximately 300 people were evicted from the National Hotel after a court ordered reinstatement of ownership to the Rural Bank.

The Canhedo group, that owns the hotel, had not paid administration taxes of the building for more than three years. The debt was over $15 million. The clients were informed about the eviction through a paper left under the door by the hotel management.138 On 7 September 2007, in Rio de Janeiro, the Cultural Centre of Lima Barreto was evicted by the Municipal Guard with the co-operation of Military Police and the Rio de Janeiro city hall inspectors. The eviction was illegal and no court order was presented to the dwellers. Three people were attacked when attempting to resist the entry of the Municipal Guard.139 On 11 September 2007, in Bahia Velha, Acre State, 1,061 families were evicted as a result of a court order recognising the ownership of the Otilia Alves de Souza family and 13 inheritors over the land. Several lots, however, had already been sold by the inheritors, but the court directed immediate eviction. Those accommodated in the camp pleaded that they did not have a place to go. The eviction was violent. Thirty men armed with automatic machine guns attacked the houses of the families involved in the occupation. There was resistance from the dwellers and much violence. One person was arrested, four were injured and death threats were given. The employees from the real state office IPÊ, that would have bought lots in the region from one of the inheritors, also helped in the destruction of the sheds. The occupiers protested and were attacked by shock troops.140 On 26 September 2007, in Ivinhema, approximately 150 families were evicted from Santa Júlia e 5 Netos Farm in the wake of a court order by the 1ª Ivinhema Court to reinstate ownership of the farm. The farm had been occupied for four days. The judge authorised the use of police force by the owners and asked for the presence of the State Agrarian Magistrate along with them.141 On 19 November 2007, in Santa Maria das Barreiras, Para State, approximately 1,100 families were evicted as part of the “Field Peace Operation”. The operation as a whole was conducted by 400 military police soldiers, civilian police, federal road police and the Brazilian army, with 40 vehicles, 4 helicopters and one airplane. A strong police contingent - with about 200 heavily armed policemen and a helicopter - provoked terror during the eviction, subjecting workers to beatings, drownings and asphyxiation with a plastic bag, demanding that they reveal the location of weapons in their camp. More than 150 people were arrested.142

137 Infonet, Clube da ex-Telergipe é desocupado pacificamente, 29 August 2007, http://www.infonet.com.br/noticias/ler.asp?id=64856&titulo=Noticias&materia=Clube+da+ex%2DTelergipe+ %E9+desocupado+pacificamente 138 Estadão - http://www.estadao.com.br 139 Centro de Mídia Independente (CMI) - http://www.midiaindependente.org 140 Centro de Mídia Independente (CMI), Tropa de elite acreana leva terror e violência a ocupação em Bahia Velha, 11 October 2007, http://www.midiaindependente.org/pt/blue/2007/10/398236.shtml 141 Jornal eletrônico Midiamax - http://www.midiamax.com 142 http://lutadeclasses.blogspot.com/ and Centro de Mídia Independente (CMI), Urgente: Operação de guerra no Sul do Pará, 03 December 2007, http://www.midiaindependente.org/pt/blue/2007/12/404693.shtml

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On 8 December 2007, in Sítio Santa Luzia, approximately 116 families were evicted as a result of a judgment of the 1st Court of Paço do Lumiar regarding reinstatement of property. It was the 8th time that the court has issued such an order. Most of the evictees are now staying next to the area from which they were evicted. The homeless state that there are around 100 children and 5 elderly persons affected. Most of the families do not have any alternative residence or plans. The dwellers knew about the eviction order but were never informed of the date and time of eviction. The houses built by the dwellers were burnt. 143 On 12 December 2007, in São Paulo, São Paulo State, approximately 25 families were evicted.

This eviction is part of a larger trend of evictions due to the rise in real estate values resulting from the construction of the Estraiada Bridge, over Marginal Pinheiros. The construction of the bridge is leading to the removal of favelas (slums) from the Brooklyn and Morumbi areas, which are wealthy areas of São Paulo. People that have been living there for a very long time are being evicted or persuaded to relocate in return for compensation of 5 to 8 thousand reais, which is hardly sufficient for resolving their housing needs. The evictions are part of the Espraiada Water Urban Operation, under which a statutorily fixed amount was provided to investors, who in turn were to use it to construct housing for shanty-dwellers in exchange for permission to construct higher buildings than normally allowed in other areas. Instead of building the houses, however, the investors are simply giving out checks in the amount of 8 thousand reais to the residents.144 On 13 December 2007, in Favela Real Parque in Sao Paulo, approximately 70 families were evicted as the area where they lived, by the bank of Marginal Pinheiros, as a result of their area being claimed by the Water and Energy Metropolitan Company (EMAE – in Portuguese). The company won a case granting them the right to repossess the property. The evicted families did not have any temporary lodging and refused to leave the site, which the public defender argued is a Social Interest Special Area (AEIS - in Portuguese). The dwellers are seeking the immediate cancellation of the reinstatement order, forfeit for their lost belongings and investigation for abuses committed during the police eviction. This eviction is also connected to the Espraiada Water Urban Operation. The dwellers were woken up at 6 a.m. by the police, and according to the sub-mayor of Butantã given an hour and a half to leave the houses. The mayor declared to the media that the eviction was done in the most humane manner possible, respecting the needs and difficulties of the dwellers.145 On 22 December 2007, in Vargem Grande, Maranhao State, evictions were carried out despite the fact that the Federal Public Ministry of Maranhão had recommended to the National Institute of Colonization and Land Reform (INCRA) that it should complete the work of identification, delimitation, demarcation, title and registry of land titles for the Malaquias Quilombola community, doing everything necessary to obtain the land titles. The Santa Maria quilombo community, known as Malaquias, was already the subject of a court order for eviction in 2006, as a result of a possession action moved by the people who hold the property title of the area. The police proceeded with the eviction, demolishing the houses of the families that lived there.

143 Jornal Pequeño, Desabrigados sofrem após despejo no Sítio Santa Luzia, 08 December 2007, http://www.jornalpequeno.com.br/2007/12/8/Pagina69176.htm 144 O Globo on Line 145 Agência Brasil, Moradores de favela protestam na Câmara dos Vereadores de São Paulo contra despejo, 17 December 2007, http://www.agenciabrasil.gov.br/noticias/2007/12/17/materia.2007-12-17.5562132513/view

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2008 On 12 March 2008, in Lagoa Azul in Manaus, Amazonas, approximately 200 homeless people were evicted by the military police of Amazonas. The group included 100 indigenous people from seven indigenous communities. The land had been occupied three months earlier. The occupiers resisted with traditional weapons, though the military police used helicopters, bulldozers, etc.146 On 1 May 2008, in Curitiba, two families were evicted by the military police as a result of a court order. The residents had bought the area from others and did not have proper documentation. They had been living there for approximately 15 years.147 On 13 June 2008, in Cuiabá, approximately 20 families were evicted as a result of a court order. Their eviction was followed by protests demanding that the National Institute of Colonization and Land Reform (INCRA) complete its assessment of lands in the area and grant them to landless farmers. The families were given no alternative accommodation and were forced to stay on the roadside.148 On 18 June 2008, in Campo Grande, indigenous people were evicted as a result of a court order. They had occupied the land a day earlier after a clash with military police.149 On 18 June 2008, in Coqueiros do Sul, 363 landless farm workers were evicted as a result of a court order. The group had occupied the land and set up an encampment next to the Coqueiro farm the previous year.150 On 1 July 2008, in Eldorado do Sul, four families were evicted as a result of a court order. The families belonged to the indigenous community Mbyá Guarany, and claimed the area as their ancestral property. Archaeological studies supported their claim. The families were relocated to another city where other members of the community were already living.151 On 22 July 2008, in Londrina, approximately 1,000 homeless people were evicted as a result of a court order. Those evicted had occupied a plot belonging to Abussafi Construction in April.

The court directed the municipality to relocate the evictees, but the Mayor said no special alternative could be provided and they would simply have to join the waiting list for municipal housing.152 On 28 July 2008, in Corumbiara, approximately 100 families were violently evicted by military police from the Santa Elina farm.153 On 30 July 2008, in Dourados, one family was evicted on the basis of an order from the local government. The house had been constructed under the Housing Support Program of the

146 Ambiente Brasil, Índios confrontam PM em reintegração de posse no AM, 12 March 2008, http://www.ambientebrasil.com.br/noticias/index.php3?action=ler&id=36905 147 http://www.parana-online.com.br/noticias/index.php?op=ver&ano=temp&id=345846&caderno=3 148 http://www.diariodecuiaba.com.br/ 149 Estadao, Índios deixam pacificamente fazenda invadida no MS, 18 June 2008, http://www.estadao.com.br/geral/not_ger191927,0.htm 150 Folha Online, Oficiais retiram 363 sem-terra de invasão no RS, 18 June 2008, http://www1.folha.uol.com.br/folha/brasil/ult96u413424.shtml 151 http://www.midiaindependente.org/ 152 Bemparaná, Ação de despejo coloca mil sem-teto na rua, 22 July, http://www.bemparana.com.br/index.php?n=75418&t=acao-de-despejo-coloca-mil-sem-teto-na-rua 153 http://www.nahoraonline.com.br/ler_noticia.asp?cod=6582

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federal government, and the beneficiaries were accused of selling the house to a relative.

Another family who was on the waiting list then occupied the house.154 On 30 July 2008, in Sarandi, approximately 70 families were evicted as a result of a court order.

The families had camped in the RS 324 road. The group moved to a different road, in this case a federal one, to continue their encampment.155 On 19 August 2008, in Reserva do Iguaçu , approximately 99 families were evicted as a result of a court order. The families were members of the Landless Workers Movement (MST) and were evicted from two farms by 224 men from the military police.156 On 23 August 2008, in Três Lagoas, homeless people were evicted from a municipal area that they had occupied the previous week after an adverse court order.157 On 26 August 2008, in Jaguapitã, members of the Landless Workers Movement (MST) who had occupied the Cedro Farm in Paraná were evicted by military police as a result of a court order.158 On 2 September 2008, in Campinas, 216 families were evicted as a result of a court order. The families had occupied private lands on the first of August and left the place peacefully after the court order. The families demanded that the Government expropriate the land.159 On 8 September 2008, in Maceió, people were evicted from the lands of the Industrial Residencial Ernesto Gomes Maranhão, in the neighbourhood of Serraria, as a result of a court order.160 On 9 September 2008, in Campo Grande, indigenous people who had been occupying a piece of land from 25 August were evicted as a result of a court order. Nine of the occupiers were arrested.161 On 9 September 2008, in Três Lagoas, homeless people were evicted from an area they had occupied since 22 August as a result of a court order. The area is Federal Government property. One person was arrested162 On 10 September 2008, in Canguçu, members of the Landless Workers Movement (MST) were evicted from São João da Armada farm as a result of a court order. The protesters had

154 http://www.grandefm.com.br/news/news.aspx?news_id=228486 155 Estadao, Polícia gaúcha tira sem-terra de estrada, 30 July 2008, http://www.estadao.com.br/estadaodehoje/20080730/not_imp214281,0.php 156 Bemparaná, PM cumpre duas reintegrações de posse em Reserva do Iguaçu, 19 August 2008, http://www.bemparana.com.br/index.php?n=78694&t=pm-cumpre-duas-reintegracoes-de-posse-em-reserva-doiguacu157 Midiamax News, Sem-teto ocupam área em Três Lagoas; Justiça manda sair, 23 August 2008, http://www.midiamax.com/view.php?mat_id=339868 158 http://www.bonde.com.br/bonde.php?id_bonde=1-3-13-646-20080826 159 Cosmo, Ocupantes deixam área e querem negociar compra, 02 September 2008, http://www.cosmo.com.br/noticia/6563/2008-09-02/ocupantes-deixam-area-e-querem-negociar-compra.html 160 Alagoas 24 Horas, Invasores desocupam Ernesto Maranhão, 08 September 2008, http://www.alagoas24horas.com.br/conteudo/index.asp?vEditoria=&vCod=52932 161 Midiamax News, PF prende 9 índios ao desocupar fazenda, 09 September 2008, http://www.midiamax.com/view.php?mat_id=342018 162 http://www.hojems.com.br/MAT-8789-19982PF+ASSEGURA+REINTEGRACAO+DE+POSSE+DE+AREAS+DA+UNIAO.htm

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demanded that the land be expropriated for social purposes, but the court ruled in favour of the owner.163 On 16 September 2008, in Campo Grande, 52 families were evicted from a farm as a result of a court order. They had occupied the farm ten years earlier.164 On 17 September 2008, in Pirassununga, at least three fish worker families were evicted as a result of a court order. The families were staying on land that belonged to the State Government.165 On 2 October 2008, in Franco da Rocha, approximately 81 families were evicted as a result of a court order. The military police began harassing families even though a court deadline for them to leave the area had not yet expired. Thirty families left the area first and 51 held out till they were forcibly evicted.166 On 16 October 2008, in Curitiba, approximately 1,200 families were evicted as a result of a court order. The families had been occupying private lands in a neighbourhood named Fazendinha. The eviction was violent and the police used brutal force against the evictees.167 On 20 October 2008, in Cascavel, three families were evicted as a result of a court order. The owners had filed a case against the families in 2005, which the families had fought in court.168 On 3 November 2008, in Maceio, approximately 160 families were evicted as a result of a court order. The families had been staying in the lands of the Federal University of Alagoas (UFAL) for three days.169 On 7 November 2008, in Tucumã, approximately 300 families belonging to the Landless Workers Movement (MST) were evicted as a result of a court order. They were occupying a farm. The farm was one of seven properties owned by a drug dealer.170 On 26 November 2008, in Campo Grande, homeless people occupying houses in two residential colonies were evicted as a result of a court order. 171 On 3 December 2008, in Cuiabá, approximately 50 families were evicted as a result of a court order. After the eviction, the families were relocated to a temporary settlement by the city authorities, after which they were to be provided housing by the Municipal Housing Agency.172

163 O Documento, Governo realiza reintegração de posse pacífica em Nova Olímpia, 12 September 2008, http://www.odocumento.com.br/noticia.php?id=274614 164 Midiamax News, PM cumpre mandado de reintegração de posse em Rio Negro, 16 September 2008, http://www.midiamax.com/view.php?mat_id=342878 165 Globo, http://eptv.globo.com/noticias/noticias_interna.asp?228741 166 Biodiversidad en América Latina y El Caribe, Brasil: CPT denuncia violência da polícia contra agricultores de SP, 15 October 2008, http://www.biodiversidadla.org/content/view/full/44569 167 Bemparaná, Reintegração deve acontecer logo, 16 October 2008, http://www.bemparana.com.br/index.php?n=85181&t=reintegracao-deve-acontecer-logo 168 http://www.cgn.inf.br/cgi-bin/UltimasNoticias?noticia=24989;modelo=completa_1 169 Alagoas en Tempo Real, Sem-teto ocupam terreno no Eustáquio Gomes e esperam casas do governo, 03 November 2008, http://www.alemtemporeal.com.br/?pag=cidade&cod=5813 170 Estadao, Polícia tira sem-terra de fazenda de Beira-Mar no PA, 07 November 2008, http://www.estadao.com.br/geral/not_ger274142,0.htm 171 Midiamax News, Juiz manda sem-teto desocuparem casas da Emha, 26 November 2008, http://www.midiamax.com/view.php?mat_id=351195 172 Alagoas 24 Horas, Invasores desocupam Ernesto Maranhão, 08 September 2008, http://www.alagoas24horas.com.br/conteudo/index.asp?vEditoria=&vCod=52932

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On 19 December 2008, in Recife, approximately 40 families were evicted as a result of a court order. The families had been occupying the shopping centre Praia Hotel. The eviction was peaceful.173 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Cayman Islands 2007 On 16 March 2007, a civil servant (retired on medical leave) and a 68 year-old Caymanian, who was seriously ill, were evicted from their trailer after they could not afford to pay the rent. 174 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Chile With the continued expansion of the extractive and forestry industries, the issue of indigenous land claims continues to be a major issue in Chile. Tensions between Indigenous Peoples – particularly the Mapuche – and the authorities remain very high. The resolution of land claims has been slow.175 On 29 and 30 July2008, in Chaiten, 5 people were evicted as a result of an order of the Puerto Montt Appeals Court. The court issued the order due to the imminent threat of an active volcano in the area. However, the local people resisted the evictions.176 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Colombia Colombia's internal conflict and activities by armed organisations, especially paramilitaries, have produced severe displacement and numerous forced evictions. In the annual report of the Norwegian Council of Refugees, the conflict in Colombia was reported to be the reason for the world's second worst displacement crisis, with 3.8 million people affected. The report says the number increased by more than 200, 000 in 2006. The displacement was particularly severe in the region of Choco. Displacement has occurred as a result of fumigation of coca plantations, as well as forced displacements by groups of paramilitaries in order to implement

173 http://jc.uol.com.br/tvjornal/2008/12/19/not_172092.php 174 Cayman Net News, It is indeed sad , 16 March 2007, http://www.caymannetnews.com/cgiscript/csArticles/articles/000127/012733.htm 175 Amnesty International, World Report 2009, State of the World’s Human Rights: Chile, http://thereport.amnesty.org/en/regions/americas/chile 176 http://www.elfinanciero.com.mx/ElFinanciero/Portal/cfpages/print.cfm?docId=134757

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economic projects such as the Transoceanic Channel, the Inter-American highway, and African palm plantations. 177 2007 In December 2006 and January 2007, 1606 people were displaced due to violence across Colombia. During the abovementioned period, 4,470 people (1,031 families) were assisted by the ICRC in the cities and regions where it works. Among these, 2,865 (668 families) were individually displaced. Another 1,605 people (363 families) were victims of 10 massive incidents of internal displacement and were assisted by the ICRC in the municipalities of Ejido, Policarpo y Samaniego (Nariño), Florencia, Samaná (Caldas), Juan José, Puerto Libertador (Córdoba), Plato (Magdalena), Saravena, Arauquita y Fortul (Arauca), Carepa (Antioquia) and Sipí (Chocó). The information refers to the cases dealt with by the ICRC. 178 In March 2007, in El Charco, Department of Nariño, approximately 5,000 people were displaced as a result of armed conflict. The displacement was the result of clashes that took place between the guerrillas (FARC) and the Army in 21 areas in the municipal rural region.

The majority of the displaced people are children. 2,500 people were trapped in some areas, and the National Government and the International Committee of the Red Cross intervened to provide humanitarian aid. The families arrived in El Charco or in La Tola, where they have been sent to provisional lodges.179 On 7 March 2007, in Island Barú, Cartagena, families living in four buildings were evicted as a result of a court order to vacate the buildings and to allow commercial shops to occupy the buildings. The City Hall of Cartagena evicted the residents in the wake of the court order and a request made by the Ministry of Industry and Commerce. In total, 9 buildings are to be vacated, but some residents filed a petition with the Judiciary in order to try to suspend the evictions.180 On 7 April 2007, in the municipalities of El Charco, La Toya and Olaya Herrera in the department of Nariño, more than 1,000 families were evicted in order to implement the mega project Arquímedes of the Government.181 On 17 April 2007, in the north-eastern part of Colombia, more than 350 farmers were evicted in order to permit access to a Canadian mining multinational. Since 1 April, these people were forced to abandon their lands by troops of the National Army and members of the paramilitary group Aguilas Negras, in order to make possible the grant of more than 21,900 hectares, rich in gold to the company These lands were earlier mined by the local residents using manual techniques. 182

177 http://www.elespectador.com/elespectador/Secciones/Detalles.aspx?idNoticia=8356 178 International Committee of the Red Cross. Humanitarian Report 01 of 2007 (from 11 Dec to 21 January) 179 http://www.elcolombiano.com.co/BancoConocimiento/E/exodo_de_5000_personas_por_combates_en_narino /exodo_de_5000_personas_por_combates_en_narino.asp 180 El Tiempo, Alcaldia de Cartagena recuperó cuatro predios invadidos en Barú, 08 March 2007, http://www.eltiempo.com.co/nacion/caribe/2007-03-08/ARTICULO-WEB-NOTA_INTERIOR3465232.html 181 Centro de Medios Independientes, Más que complicado, 07 April 2007, http://colombia.indymedia.org/news/2007/04/62054.php 182 Biodiversidad en América Latina y el Caribe, Colombia: denuncian el desalojo de campesinos para abrir el paso a una minera canadiense, 17 April 2007 http://www.biodiversidadla.org/contenido/contenido/noticias/colombia_denuncian_el_desalojo_de_campesino s_para_abrir_el_paso_a_una_minera_canadiense

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On 26 April 2007, in the Departments of Huila and Cauca, approximately 4,888 people were displaced as a result of the eruption of the volcano of Huila. As a result of this natural phenomenon, 1,150 people were displaced to La Plata (Huila), 1,948 to Pitalito, 285 to the Caloto protection area, and another 1,505 people to Yanobuco.183 On 28 April 2007, in the eastern part of the country, approximately 400 people, many of them indigenous, were displaced as a result of a violent confrontation between two guerrilla groups, the FARC and the ELN. Between 9 and 28 April, 13 peasants were murdered and more than 96 families fled to nearby cities.184 On 15 May 2007, in the region of Catatumbo, people fled as a result of intimidation by the paramilitary group las Aguilas Negras. On 1 May, troops from the Movil Brigade No. 15 arrived at La Pedregosa Baja de Teorama, settling themselves in the nearest school. The army entered a farm, stealing the owners' properties and using them. When the owner arrived, he found some mattresses stained with blood, some signs from the brigade Movil Number 15, and underneath another sign with the words “Death to Collaborators” written under the symbol of Águilas Negras. In their path, the troops told the peasants that they were the Aguilas Negras.185 On 15 May 2007, in the municipality of Arauquita, peasants were evicted by troops of the National Army, who occupied their houses. According to information from the peasant communities of Santander, Santa Ana, San Miguel, Aguachica y la Chigüira in the municipality of Arauquita, troops from the 18th Brigade and Movil No. 5 have been arbitrarily occupying the residences of these people and threatening and intimidating the owners.186 On 25 May 2007, in Barrancabermeja, approximately 25 families were evicted from the lot of El Tiburon. These were people who had already been displaced once before. Since 23 May these people had occupied the lot to protest the lack of housing.187 On 26 May 2007, in Putumayo, approximately 127 people were driven from their lands in the indigenous community of San Miguel- La Dorada. The National Army murdered an indigenous leader, abducted and disappeared another one, and forced the people to leave their lands. The families fled to the urban areas of the municipality of Valle del Guamuez- La Hormiga.188 In June 2007, in the region of Catatumbo, a large number of people fled violence resulting from clashes between the national army and the insurgency. Since 9 June these clashes have been taking place, with massive violence against different populations. The people that live in these regions have been intimidated, resulting in suspension of school classes and displacement

183 El Tiempo, Éxodo masivo de comunidades indígenas por temor a nueva erupción del volcán nevado del Huila, 27 April 2007, http://www.eltiempo.com/nacion/cali/2007-04-27/ARTICULO-WEB-NOTA_INTERIOR3532291.html 184 http://www.vanguardia.com/servicios/ultnot.asp?id=1696 185 Agencia Prensa Rural, Desapariciones, asesinatos y abusos del ejército en el Catatumbo, 07 May 2007, http://prensarural.org/spip/spip.php?article408 186 Agencia Prensa Rural, Tropas ocupan las viviendas de la población civil y detienen a un campesino en Arauquita, 15 May 2007, http://prensarural.org/spip/spip.php?article429 187 Centro de Medios Independientes, Fuerza Pública desaloja desplazados en Barrancabermeja, 25 May 2007, http://colombia.indymedia.org/news/2007/05/65706.php 188 Centro de Medios Independientes, Acción Urgente Putumayo, 26 May 2007, http://colombia.indymedia.org/news/2007/05/65819.php

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of people to Honduras, Santa Fe, Guasiles, Puerto Oculto, San Juan de los Llanos y Llanos del Norte. 189 On 12 June 2007, in the northern part of the department of Nariño, approximately 30 families were driven from their homes as a result of terror actions by narco-paramilitaries groups. On 12 and 13 June, in the municipality of Cumbitara, a narco-paramilitaries group that called themselves New Generation threatened and physically attacked persons who lived in the community, claiming that some of the peasants were collaborators with the insurgency.190 On 24 June 2007, in the southern part of the department of Bolivar, dozens of families were evicted as a result of Government fumigations. The fumigations destroyed two thousand hectares of legal crops, affecting several crops of many peasant families. Even the water that the people used was contaminated in some areas. As a result, dozens of families were displaced to the municipality of San Pablo.191 2008 Between January and June, approximately 270,675 people were displaced as a result of the armed conflict. This represents an increase of 41 per cent compared to the same period of 2007.192 On 20 April 2008, in Pereira, approximately 30 families were evicted as a result of municipal administrative orders. The families had been occupying a municipal area for 7 years. The evictions were carried out at 5:00 a.m. when most residents were still asleep. The evicted families were not relocated and had to take shelter with their relatives. They held demonstrations to protest the evictions and lack of rehabilitation193 On 23 June 2008, in Bogotá, approximately 12 families, or nearly 60 people, were evicted as a result of an administrative decision. The families were evicted from a forest reserve located in the city mountains, where they had lived for three months. These families were not provided rehabilitation since they were said to have occupied the land illegally.194 On 10 July 2008, in Bogotá, one family was evicted after a court ordered the eviction due to delayed mortgage payments. The person occupying the house was taken to a hospital after he threatened to commit suicide if evicted.195 On 23 July 2008, in Bogotá, one family was evicted as a result of court orders. The family was in debt to a financial institution and had exhausted its credit quota for over ten years. They

189 Agencia Prensa Rural, El Catatumbo, de nuevo bajo la presión militar , 17 June 2007, http://prensarural.org/spip/spip.php?article478 190 Agencia Prensa Rural, Crisis humanitaria en el norte de Nariño por incursiones paramilitares, 11 June 2007, http://prensarural.org/spip/spip.php?article489 191 Agencia Prensa Rural, De nuevo llueve glifosato sobre el sur de Bolívar, 26 June 2007, http://prensarural.org/spip/spip.php?article494 192 Report on Forced Displacement, Armed Conflict and Human Rights, January - June 2008. Bulletin of Consultoría para los Derechos Humanos y el Desplazamiento - CODHES- Bogotá, September 25, 2008 193 http://www.eldiario.com.co/bodyindex.php?anteriores=2008-0422&id_noticia=106620&nombre=noticias&padre=4 194 El Tiempo, Terminó desalojo en el barrio El Paraíso, en los cerros orientales de Bogotá, 24 June 2008, http://www.eltiempo.com/colombia/bogota/2008-06-23/ARTICULO-WEBPLANTILLA_NOTA_INTERIOR-4342468.html; El Tiempo, Cuatro horas de tensión se vivieron en el centro oriente de Bogotá por el desalojo de 60 personas, 24 June 2008, http://www.eltiempo.com/colombia/bogota/2008-0624/ARTICULO-WEB-PLANTILLA_NOTA_INTERIOR-4344454.html 195 Caracol Radio, Desalojo en Bogotá pudo terminar en suicidio, 10 July 2008, http://www.caracol.com.co/nota.aspx?id=630190

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managed to escape seven attempts at evicting them. However, this time nearly 150 policemen entered their house at dawn, evicted them and arrested two persons.196 On 8 September 2008, in Barrancabermeja, approximately nine families were evicted as a result of an administrative decision. The families were occupying land belonging to the Sociedad San Vicente de Paúl after losing their houses and means of livelihood. The families were relocated and provided a four month rental subsidy.197 On 17 September 2008, in Cartagena, residents were evicted as a result of an administrative decision. The victims tried to resist the eviction. The police however detained several minors and alleged that they were hired by their relatives to resist the eviction.198 On 1 November 2008, in Bogotá, a mother and her three children were evicted. The authorities are looking for those responsible as the police say they did not participate in the eviction.199 On 30 December 2008, in Cartagena, approximately 22 families were evicted as a result of the dredging of a marsh. After thirty years of occupying the lands, the inhabitants of the Isle sector in Cartagena were removed to facilitate the dredging of the marsh of Las Quinta. After negotiations with the municipal administration the families received a housing subsidy.200 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Cuba Though it has a much better record of securing the right to housing than almost any other Latin American nation, Cuba also sees occasional evictions. As described in the “Threatened Evictions” section, eviction has also reportedly been used as a tool against political dissidents.

2007 On January 1st, 2007, in Matanzas, two families were evicted by the police and paramilitary security forces. The local government alleged that the houses were illegally constructed. The houses were demolished and the evictees were not offered any alternative residence.

ICESCR: Yes ICCPR: Yes OP 1 – ICCPR: No

CEDAW: Yes CRC: Yes CERD: Yes

CAT: Yes

196 El Tiempo, En medio de fuertes disturbios desalojaron vivienda, después de siete intentos fallidos, 23 July 2008, http://www.eltiempo.com/colombia/bogota/2008-07-23/fuertes-disturbios-por-desalojo-de-vivienda-en-elbarrio-la-estrada-en-el-occidente-de-bogota-_4392382-1; http://www.cmi.com.co/Contenido/Noticia.asp?nota=17139&seccion=2 197 Information from the community.

198 Caracol Radio, Utilizando niños como escudo, intentaron frenar desalojo en Cartagena, 17 September 2008, http://www.caracol.com.co/nota.aspx?id=672993 199 Caracol Radio, Piden investigar desalojo de una madre soltera en Bogotá, 01 November 2008, http://www.caracol.com.co/nota.aspx?id=702137 200 El Tiempo, Tras treinta años de ocupación ilegal desalojan habitantes del sector de La Islita en Cartagena, 30 December 2008, http://www.eltiempo.com/colombia/caribe/tras-treinta-anos-de-ocupacion-ilegal-desalojan-habitantesdel-sector-de-la-islita-en-cartagena_4740308-1

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Dominican Republic Land disputes are frequent in the Dominican Republic, especially in the capital, and courts frequently direct the police to evict those who occupy lands that are claimed by others.

2007 On 12 February 2007, in Santo Domingo, 170 families were evicted in the community of Las Flores. The families were living as tenants until they were offered lots developed by a man whose nickname is Momón. The families paid about RD$16,000 to RD$18,000 but did not receive any property titles. Now the State is requesting the land as it allegedly is public land and an area set aside for environmental preservation, as stated by the National Council of Urban Matters (Consejo Nacional de Asuntos Urbanos - CONAU). The families accuse a group of urban entrepreneurs and a former general of being responsible for the eviction. The houses were destroyed and the families remain on the area. The church was also destroyed - the Iglesia Pentecostal Defensores de la Fe.201 On 12 February 2007, in Santo Domingo, approximately 80 families were evicted by dozens of police personnel in the Villa Venecia de Pantojas neighborhood. The police also demolished 45 houses. On 2 July, the community leader Cesar Ureña was assassinated and a further 78 houses were demolished. The neighbourhood is located at the allotment 6-13, demarcated for the private habitation project by CEA, a State Institution, for which the Vecinos Court was engaged in the procedure for granting title. To frustrate the title procedure, the claimants organised the eviction themselves. Amongst them were a General and two Colonels, among others.202 On 13 February 2007, in the municipality of Navarrete, the police carried out an eviction ordered by the judiciary and destroyed 20 houses. According to the Public Ministry, the area is private and belongs to Príamo Mercado. The tenants allege that it is a state area. As a result of the eviction, two persons, including a policeman, were shot and taken to the hospital. The occupants resisted the eviction.203 On 15 February 2007, in Baní, three elderly people were evicted from lands where they have been working for 40 years. Juan Mejía is 75 years old and has Parkinson's disease. The claimant of the property is interested in exploring the sand mine located in the area. Many lawyers contested the jailing of the elderly man because it was illegal. According to the Penal Process Code, elderly people aged 75 years or more must be kept in domiciliary prison.204 On 23 May 2007, in Eduardo Brito neighbourhood, tens of families were evicted after the lands were claimed by an alleged owner. 205 2008 On 16 May 2008, in Santo Domingo, 237 families were evicted as a result of a Government decision and court orders. After the presidential election, evictions took place in the neighbourhoods of El Almirante, El Cachón, Punta de Villa Mella, Nuevo Amanecer, Pueblo

201 Diario Libre, Los desalojados de Las Flores siguen su vida a la intemperie y bajo amenaza, 14 february 2007, http://www2.diariolibre.com/noticias_det.php?id=126235 202 Coordinación de la Campaña Cero Desalojos para América Latina y el Caribe 203 Diario Libre, Desalojo deja un civil herido en Navarrete, 163 February 2007, http://www2.diariolibre.com/noticias_det.php?id=126092 204 http://209.200.83.191/app/article.aspx?id=96472 205 El Nuevo Diario, Ayuntamiento Pedro Brand lamenta muerte de una persona en desalojo, 23 May 2007, http://elnuevodiario.com.do/app/article.aspx?id=57965

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Chico de San Miguel and Pantoja. The families protested afterwards but were halted by the police.206 On 19 June 2008, in Agua Loca, approximately 40 families were evicted by the police from private lands that they had occupied.207 On 23 August 2008, in Villa Paraíso, more than 500 families were evicted. The police used bombs to evict people and destroyed many houses in the community.208 In September 2008, in Guarícono, approximately 43 families were evicted by the police. The people were forced to stay in a government shelter.209 On 3 November 2008, in Santo Domingo, approximately 150 people were evicted as a result of police action. The families were forcibly evicted early on Saturday morning and they claim that there was no judicial order to carry out the evictions.210 On 16 December 2008, in Villa Liberacion, Santo Domingo, families were evicted as a result of state action. During the eviction many people that tried to resist were injured, including several children.211 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Ecuador The rise of indigenous peoples' movements has led to increasing recognition of indigenous people’s rights in Ecuador. However, their rights to their ancestral lands and resources are not always fully recognised, leading to evictions and conflicts over areas that indigenous groups claim to be their ancestral heritage.

2007 On 13 March 2007, on the border with Colombia, a large number of people were internally displaced as a result of fumigations by the Colombian Government. Ecuador had earlier made an appeal to the UN Human Rights Council against Colombia's fumigations with glifosat on the border area. The fumigations aim to destroy illegal plantations of coca, but have been affecting the health of the inhabitants and polluting the rivers. Colombia is in breach of an

206 Diario Libre, Van nueve desalojos tras 16 de mayo; impiden marcha protesta, 27 May 2008, http://www3.diariolibre.com/noticias_det.php?id=17788; Diario Libre, Desalojados de Pantoja protestan en el Palacio, 07 May 2008, http://www3.diariolibre.com/noticias_det.php?id=15182 207 Diario Libre, ASDE y PN desaloja a 40 familias en Agua Loca, 19 June 2008, http://www3.diariolibre.com/noticias_det.php?id=20954 208 Listín Diario, Familias se quejan por desalojo de Villa Paraíso, 23 August 2008, http://www.listindiario.com.do/app/article.aspx?id=70954 209 http://www.elnacional.com.do/article.aspx?id=58972 210 http://www.elcaribecdn.com/articulo_multimedios.aspx?id=191063&guid=85467E48B72A435DAF24FAE6C0 BC2A92&Seccion=63, and http://www.elcaribecdn.com/articulo_caribe.aspx?id=191160&guid=80A81470E252438B92848BBA29E336EA &Seccion=3 211 La Nación Dominicana, Cuatro menores heridos durante desalojo en Villa Liberación, 16 December 2008, http://www.lanaciondominicana.com/ver_noticia.php?id_noticia=4576&sesion_periodico=31

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agreement entered into with Ecuador in 2006, by which Colombia would substitute the fumigations with manual destruction of such plantations. The Ecuadorian Consul mentioned that fumigations have aggravated internal displacement. Ecuador has a large number of refugees, 99 per cent of whom are Colombian. Since 2000, 44,400 people requested refugee status in Ecuador.212 On 28 April 2007, in Riobamba, an unknown number of people were evicted near the Panamericana Sur in order to use the fields as garbage dumps. The fences that protected the fields were taken away in order to more easily access them. The fields are now used entirely in this manner.213 On 18 May 2007, in the south-eastern part of Puyo, approximately 200 indigenous people were evicted from properties that they had occupied. They had occupied the lands on the grounds that the lands were their heritage from Severo Vargas, the first indigenous inhabitant that arrived in Puyo. This caused several confrontations between the indigenous people and the police. In the end, the indigenous people were forced to flee.214 2008 On 23 April 2008, in Quito, approximately 6,500 persons were evicted as a result of illegal soil trade in the area. These families had occupied the land for nearly one month and were victims of the local land dealers.215 In April 2008, in Quito, several people were evicted. Those evicted were said to be in physical danger of landslides due to the heavy rains. Several houses of poor families were destroyed but the director of MIDUVI (Ministerio de Vivienda – Ministry of Housing), in Imbabura, promised that those whose houses were damaged could avail a housing bond for $ 3,600. This amount, the families claim, is insufficient for decent housing.216 On 19 July 2008, in Santo Domingo, approximately 36 families were evicted. The displaced people claim they did not receive any eviction orders. The police used excessive physical force, tear gas, etc., even on women and children. The police destroyed 8 out of the 32 huts in area.217 On 4 August 2008, in Esmeraldas, approximately 100 families were evicted as a result of an administrative decision against them for allegedly illegally occupying municipal lands. The Municipal Mayor ordered the deployment of the Enginering Militar Force against them. The families had occupied these lands due to lack of proper housing facilities elsewhere.218 On 11 August 2008, in Santo Domingo, some families were evicted as a result of an administrative order of the Municipal Council. The evicted families had apparently occupied community and playground lands. The previous year the Housing Association had decided to

212 La Hora, Queja contra fumigaciones llega a la ONU, 13 March 2007, http://www.lahora.com.ec/frontEnd/main.php?idRegional=1&idSeccion=545218 213 El Universo, Policías e indígenas se enfrentan por desalojo, 18 May 2007, http://www.eluniverso.com/2007/05/18/0001/12/4B16442296D749AF91CA793F062E0793.aspx 214 El Universo, Policías e indígenas se enfrentan por desalojo, 18 May 2007, http://www.eluniverso.com/2007/05/18/0001/12/4B16442296D749AF91CA793F062E0793.aspx 215 Diario El Comercio 216 El Comercio, Las lluvias dejaron sin hogar a tres adultos mayores en Quiroga, 04 February 2008, http://www.elcomercio.ec/noticiaEC.asp?id_noticia=168281&id_seccion=10 217 La Hora, Enfrentamientos por desalojo, 19 July 2008, http://www.lahora.com.ec/frontEnd/main.php?idSeccion=748980 218 El Comercio, El Ejército desalojó a invasores, 30 July 2008, http://www.elcomercio.com/noticiaEC.asp?id_noticia=210009&id_seccion=10

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allocate the playground areas to the families. The Housing Association claimed that the Municipality had previous knowledge of the matter. A small number of families were displaced while some others will be provided relocation. Some of their huts were destroyed and burned by the Municipal Police Force, in the presence of the occupants.219 On 26 August 2008, in Puyo, approximately 300 indigenous families were evicted as a result of an administrative decision. The families were alleged to have occupied an area belonging to the municipality, where a housing project was to be built. The National Ecuadorian Indigenous Confederation (CONAIE) said they had evidence to show that these lands had belonged to these families historically. Nearly 1,000 policemen carried out the eviction and destroyed 150 houses. The families were not even given a chance to collect their belongings.220 On 10 September 2008, in Quito, approximately 60 families were evicted as a result of an illegal soil trade operation in the area. Unknown people who said they were the land owners threatened the people and forced them to leave their houses. However, some people continued to stay in their houses without food or water for days, out of fear of losing their belongings.221 On 11 September 2008, in Portoviejo, a family consisting of a mother and her three children was evicted by an administrative order. The family had been forced to settle in the area due to lack of proper housing. The Intendent of Manabí and the police evicted the family. The legality of the eviction is now being looked into after an intervention by the Defensoria del Pueblo (Ombudsperson).222 On 16 September 2008, in Latacunga, families were evicted as a result of a court order. The locals complained that some people from within the indigenous community demanded that the families be evicted. Those evicted claim that the process was entirely illegal and that they had been living on these lands for many years.223 On 20 September 2008, in the Galápagos, approximately 32 families were evicted, apparently without any court orders. The evicted families were said to have illegally occupied public lands.

However, the evicted families claim to have written legal documents as evidence of their claim on these lands.224 On 22 October 2008, in Puyo, approximately 300 families were evicted. These families were alleged to have illegally occupied lands. 600 police officers evicted them and burned down their houses.225

219 La Hora, Desalojo en la ‘2 de Mayo’, 11 August 2008, http://www.lahora.com.ec/frontEnd/main.php?idSeccion=757760 220 El Comercio, El conflicto por el desalojo persiste en Puyo, 22 August 2008, http://www.elcomercio.com/noticiaEC.asp?id_noticia=215959&id_seccion=10 and Biodiversidad para América Latina y el Caribe, Ecuador: desalojo de numerosas familas en la ciudad de Puyo, 21 August 2008, http://www.biodiversidadla.org/content/view/full/43293 221 http://www.quito.gov.ec/bolpren/bol44j.html 222 http://www.eldiario.com.ec/noticias-manabi-ecuador/91258-una-familia-quedo-en-la-calle-luego-dedesalojo/ 223 La Gaceta, Fiscal da inicio a indagación previa. En contra del Intendente de Policía, 16 September 2008, http://www.lagaceta.com.ec/site/html/pagina.php?sc_id=1&c_id=68&pg_id=42482 224 El Telégrafo, Policía desalojó a 32 familias en las Islas Galápagos, 29 September 2008, http://www.eltelegrafo.com.ec/provincias/noticia/archive/provincias/2008/09/29/Polic_ED00_adesaloj_F300_-a-32-familias-en-las-Islas-Gal_E100_pagos.aspx 225 Hoy, Desalojo genera violencia en Puyo, 23 October 2008, http://www.hoy.com.ec/noticias-ecuador/desalojodeja-cuatro-heridos-en-pastaza-313690.html

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On 30 September 2008, in Guayaquil, approximately 300 families were evicted. These families had allegedly occupied a Protected Area. The eviction was carried out by 300 police officers.226 On 23 October 2008, in Esmeraldas, several families were evicted by an order of the court.

These families were evicted to make way for an urban reconstruction program. There seems to have been disputes between the evicted families and other local residents in the area.227 On 13 November 2008, in Portoviejo, approximately 300 families were evicted. These families were said to have illegally occupied private lands. Those evicted claimed that no court orders for eviction were presented and that there was excessive use of force. The affected families attempted to use legal measures to avert the evictions but did not succeed.228 On 11 December 2008, in Durán, 8 people were evicted by an order of the Police Intendent of Guayaquil. These people were said to have occupied private lands. Homes of those evicted were destroyed as part of the eviction drive.229 On 20 December 2008, in Guayaquil, approximately 150 families were evicted. These families were said to have occupied a high risk zone. These families had previously been displaced four times. Support for reconstruction of their houses was promised by the Government.230 On the morning of 18 June 2008, in El Caspi, approximately 18 familes were evicted as a result of an administrative decision of the Agricultural Ministry. These families were alleged to have occupied 200 hectares of land that belonged to a company. The families resisted the eviction, but the police used tear gas to disperse the protesters and subsequently demolished their houses.231 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

El Salvador The end of the civil war and the resulting peace process have greatly reduced displacement from armed conflict, but there are still serious issues of lack of housing and basic infrastructure for a large number of people. This has led to repeated forced evictions, particularly in the capital, San Salvador.

226 El Universo, Desalojo pacífico en Cerro Colorado, 30 September 2008, http://www.eluniverso.com/2008/09/30/0001/18/AB5CA005B47A4954AE8C945C9CA68DB6.html 227 La Hora, Desalojos en Malecón, 23 October 2008, http://www.lahora.com.ec/frontEnd/main.php?idSeccion=790539 228 El Diario, Invasores fueron desalojados, 13 November 2008, http://www.eldiario.com.ec/noticias-manabiecuador/98405-invasores-fueron-desalojados/ 229 El Universo, La Intendencia realizó desalojo, 11 December 2008, http://www.eluniverso.com/2008/12/11/1/1445/14EE8518C496499CBBC188A9AB85AF47.html 230 El Universo, Desalojo genera dudas por casas prometidas, 20 December 2008, http://www.eluniverso.com/2008/12/20/1/1445/E8F99EA301C041DB8FE08271019B896E.html 231 La Gaceta, Intendente devolvió terrenos a Aglomerados Cotopaxi. 300 policías actuaron en desalojo, 18 June 2008, http://www.lagaceta.com.ec/site/html/pagina.php?sc_id=1&c_id=68&pg_id=39588

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2007 On 29 April 2007, in Santa Ana, San Lorenzo, military forces evicted approximately 200 families, claiming that their houses were built using the illegal revenues of a company that a few years ago had been penalised for illegal acts.232 On 26 April 2007, in Cabañas, Victoria, approximately 27 families were evicted as a result of the claims of a woman who said she was the owner of the building in question. The families had been living in this spot since the civil war of the 1980s, and they argue that they had bought legal rights to the property. 233 In December 2007, in San Salvador, more than 50 families were evicted in several communities. The evictions were carried out by heavily armed military police officials. The evictions took place because the communities had built their houses without the required legal licenses and Governmental approval. Besides this, the houses were financed by Inspero and Finsepro, which had embezzled the properties. The affected people could not afford the payment for the properties and were evicted. The evictions were carried out with violence and many community leaders were arrested.234 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Guatemala The end of Guatemala's civil war left a country devastated by conflict, with extreme social and economic inequality. The lack of policies to ensure adequate access to land, as well as the absence of reliable and up to date cadastral land surveys, have resulted in many evictions in rural areas. Outdated property titles that were registered many years earlier are often still considered valid, regardless of who is in actual possession of the lands.

2007 On 28 October 2007 in Boa Vista Farm, Municipality of Livingston, families were evicted by the Government of Guatemala, which is carrying out a series of evictions in the north, especially in the departments of Verapaz, Petén and Izabal, to vacate public and private lands.235 On 2 December 2007, in El Estor, approximately 1,200 families were evicted by the State with the intent to transfer the land to a multinational company. Environmental NGOs argued that the concession is unlawful. 236

232 FUNDASAL 233 FUNDASAL 234 FUNDASAL 235 Adital, Guatemala - Peligrosa política de desalojo de tierras, 12 June 2007, http://www.adital.com.br/site/noticia.asp?lang=ES&cod=28014 236 http://br.news.search.yahoo.com/search/

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2008 On 11 June 2008, in Jalapa, several families were evicted as a result of administrative orders and pressure from landowners. The Alianza de Campesinas y Campesinas Unidas con la Sociedad Civil (Alliance of Peasants and Peasants United with Civil Society) said the evictions were violent.237 On 11 June 2008, in Petén, approximately 465 persons were evicted as part of the reclamation of a protected area. Four eviction drives have taken place since May 2007 and 657 hectares of protected lands were recovered. In the environmental park Sierra Lacandón, 230 people were evicted and 130 hectares recovered. In Yaxhá five people were evicted and one hectare was recovered. During the evictions 18 persons were arrested on charges of environmental crimes.238 On 7 November 2008, in Ciudad de Guatemala, approximately 100 families were evicted as a result of court orders. In the early hours of the morning agents of the Civil State police (PNC) entered El Ranchón to evict the residents.239 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Honduras There have been threats made and attacks carried out against human rights defenders in Honduras, with the perpetrators of the attacks not held accountable.240 Such a political environment may impact negatively on evictees’ and activists’ abilities to protest forced evictions and promote housing rights.

2007 On 11 April 2007, in Santa Ana, Yoro, 113 people were evicted after living and cultivating in the cooperative of 6 Noviembre for more than 20 years. This eviction follows in the wake of an extended dispute over the land. Since 2003, repeated evictions have taken place despite the fact that the land (though private) was allocated to the peasants by the National Agrarian Institute (INA). Two evictions took place in 2003 despite the fact that the peasants had appealed to the Supreme Court, which ruled in their favour in 2006. Despite the ruling, however, no titles were issued to the peasants, who therefore decided to reoccupy the land in August 2006. The alleged landowner then attacked them; in the clash a private security guard was killed and two peasants injured. The INA then issued titles, but despite this another private landowner requested use of the land and the 11 April, the eviction was carried out by the national police despite the lack of any judicial order. The Public Prosecutor has declared the eviction illegal.241

237 http://www.telediario.com.gt/index.php?id=11283&tim 238 Prensa Libre, Se han recuperado 657 hectáreas invadidas en Petén, 11 June 2008, http://www.prensalibre.com/pl/2008/junio/11/244103.html and Prensa Libre, Ocupan Conap en San Benito, Petén, 19 June 2008, http://www.prensalibre.com/pl/2008/junio/19/245028.html 239 http://www.telediario.com.gt/index.php?id=14188&tim; Prensa Libre, Autoridades desalojan a cien familias de asentamiento de la zona 21, 06 November 2008, http://www.prensalibre.com/pl/2008/noviembre/06/274988.html 240 Amnesty International, World Report 2009, ‘State of the World’s Human Rights: Honduras, http://thereport.amnesty.org/en/regions/americas/honduras 241 http://www.fian.hn/ultimo.htm

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2008 On 17 July 2008, in Trujillo, approximately 250 families were evicted as a result of a court order. Violent evictions were followed by the arrest of eleven people.242 On 10 December 2008, in Cofradía, San Pedro Sula, approximately 40 families were evicted as a result of a court order. The eviction was carried out by the Cobra Squadron of the Preventive Police of San Pedro Sula. The families’ plantations and houses were destroyed.243 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Mexico The fall of the Partido Revolucionario Institucional (PRI) in the mid 1990's and the rise of new Governments in Mexico have led both to intensifying resource conflicts and to new steps towards recognising land and housing rights. The Zapatista uprising, which began in 1994 and has continued to the present day, has also focused attention on the denial of resource rights of indigenous communities. On occasion, as in the incidents in Montes Azules described below, evictions appear to be being used as a tool to penalise supporters and members of the Zapatista movement.

2007 On 22 February 2007, in México City, approximately 147 families were evicted from a building owned by the State Government, which was acquired by expropriation. The inhabitants resisted the order and some got arrested. This case had been already brought to the National Commission on Human Rights. The Commission decided to investigate the acts of the preventive police of Mexico City.244 On 21 March 2007, in the city of Ricardo Flores Magon, Zapatista families from the community Emiliano Zapata were evicted by paramilitaries from a group named URCI Unión Regional Campesina Indígena (Regional Union of Indigenous Peasants). This paramilitary group evicted the families and communities in order to use the land for agriculture, and in order to fell the trees on the land for sale on the black market.245 On 3 April 2007, in El Gavilan Ranch , approximately 400 people were evicted by about 700 state and municipal policemen. Those evicted were accused of invading 19 hectares of the El Gavilan Ranch. In the operation, 10 people were arrested. The eviction occurred at 3 am in the morning. The owner of the land has demanded that the authorities prosecute the occupiers.246

242 http://www.heraldohn.com/ez/index.php/plain_site_user/ediciones/2008/07/11/los_desalojan_y_queman_ch ozas 243 La Tribunal, Sangre y lágrimas se combina en desalojo de 40 familias invasoras, 11 December 2008, http://www.latribuna.hn/news/45/ARTICLE/51141/2008-12-11.html 244 El Universal, Toma la policía el control en Tepito, 22 February 2007, http://www.eluniversal.com.mx/primera/28490.html 245 La Jornada, Responsabilizan a la Unión Regional Campesina Indígena. Denuncian el desalojo de familias en tierra zapatista, 22 March 2007, http://www.jornada.unam.mx/2007/03/22/index.php?section=politica&article=014n1pol 246 El Universal, Desalojan de un rancho a 400 personas; les prometieron lotes, 03 April 2007, http://www.eluniversal.com.mx/ciudad/83487.html

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On 23 April 2007, in Ocosingo, Chiapas, approximately 60 families were evicted as a result of a project that is planned to be built in that forest area. The families had been living there for more than 70 years.247 On 10 May 2007, in the city of Colonia de Santa Rosa, approximately 15 families were evicted.

The families had been living in a public street for more than 40 years, where they carry out informal trade. The Government said they wish to develop the road system in the region in order to bring better access to the vehicles and claimed that the eviction was supported by the neighbours.248 On 20 June 2007, in Guadalajara, Jalisco, one person was evicted. From 5:00 to 9:00 a.m., employees of the State Government demolished the house of Lupita Lara, a human rights defender, without providing any prior notification. Local authorities have argued that this resulted from an expropriation process initiated by the General Ministry of the Interior of Jalisco in the state courts. However, as the property was on communally owned land, the expropriation process was illegal, as only federal authorities have jurisdiction on that land. Lara was the last resident of the village of Arcediano opposing the construction of a dam. The eviction was carried out despite the fact that the house of Lupita Lara was protected by two federal injunctions, defending her against dispossession, eviction and the demolition of her home (injunctions 1496/2003 with the fourth district court and 67/2004 with the second district court).249 On 20 June 2007, in Mecatlán, Provincia de Veracruz, indigenous people from Loma del Dorado were evicted. They were evicted from their lands by the Government because of pressure from local landlords. At night, armed policemen with horses and dogs arrived to evict the indigenous people, opening fire in the process. 250 On 4 July 2007, in the Municipality of Ixhuatlan de Madero, Veracruz state, a group of Nahua Indigenous peasant farmers were evicted by state police from a piece of land they had occupied. The ownership of the land is contested. The group of peasant farmers had occupied the land on 10 June. They were reportedly evicted without warning by dozens of police officers, who reportedly used excessive force, firing repeatedly in the air and beating detainees.

They arrested 11people and used torture and ill-treatment during their interrogation about the land occupation and their supposed links with guerrilla groups. One of the farmers is missing.

All those in custody are at risk of further ill-treatment or torture. One of those detained, Javier Islas Cruz, who is active with a local human rights organization, was reportedly tortured and questioned about his involvement in the occupation for a few days. There is no official record that he was arrested. The leader of the peasant group, Gabino Flores Cruz, has not been seen since the eviction. There is a warrant for his arrest.251 On 25 July 2007, in Cuauhtémoc State, residents of three public buildings were evicted as a result of a legal order of expropriation from the Federal District. 439 policemen of the Public Security Secretariat took possession of the buildings. The Human Rights Commission of the Federal District was present during the eviction to prevent any violation of the families' rights.

252

247 Guadalupe Gomez 248 El Univerdal, Desalojan 15 locales de la vía pública en la GAM, 05 September 2007, http://www.eluniversal.com.mx/ciudad/86462.html 249 http://www.irn.org/programs/arcediano/ 250 http://www.jornada.unam.mx 251 Urgent Action Network Amnesty International USA 252 El Universal, Pierden negocio y vivienda con desalojo, 25 July 2007, http://eluniversal.com.mx/ciudad/85695.html

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On 23 August 2007, in Montes Azules, Chiapas, approximately 6 families were evicted in the communities Buen Samaritano and Nuevo San Manuel (also known as Nuevo Salvador Allende) in the Biosphere Reserve of Montes Azules, Chiapas. These villages were identified with Zapatista bases of support. According to Governmental sources the operation was coordinated by the Secretary of Government of Chiapas with the participation of the Secretary of Public Security of the State, the General Office of the Public State Prosecutor, the General Office of the General Federal Attorney and the Mexican Army. Since 2006 the Government has been proclaiming its intent to evict, alleging that the communities are irregularly in possession of the land. In the process of regularization of the communal properties in the Lacandon Jungle, it was found that 70 per cent of its territory overlaps with the Biosphere Reserve of Montes Azules. At that time, some communities had accepted relocation while some resisted, such as the community of Viejo Velasco Suárez, municipality of Ocosingo, which was attacked on 13 November 2006 in retaliation for its refusal to relocate. 6 people died and 2 disappeared. The Human Centre of Fray Bartolome de las Casas called for action to provide humanitarian aid and to condemn the eviction. Six people were detained in the municipality of Tuxtla Gutiérrez, accused of property destruction and acts against the State ecology, dispossession, association for criminal purposes and use of firearms. 253 On 27 October 2007, in Tijuana, Baja California, more than 100 families were evicted after a court order. The order was implemented by the state police, who detained the president of the neighbours' association.254 On 30 October 2007, in Cerro Azul, Vera Cruz State, 448 people were forced to leave their homes after 10 thousand barrels of oil and gas were spilled by the Petroleso Mexicanos Company (PEMEX) in the communal land of Coapiloloyita. The leak took place in a pipeline.255 On 1 November 2007, in Cuernavaca, Morelos, 300 families were evicted from an area they were occupying after they bought it from the local neighbours. 200 policeman and dogs were engaged for the eviction, along with representatives of the owner. There was no court order and the people evicted complained of aggressions and abuses from the police.256 2008 On 22 April 2008, in Coahuila, approximately 95 families were evicted using police force. The land occupied by the evicted families was said to be owned by a real estate agency. Those evicted had lived on the lands for the past two years, but did not resist the evictions, since there were many children present. The people however did try to negotiate with the real estate agency. 257

253 Blogs en Resistencia, Desplazamiento forzado de comunidades indígenas en Montes Azules, Chiapas, 21 August 2007, http://blogdeblogsmx.blogspot.com/2007/08/solidaridad-con-las-familias.html 254 El Sol de Tijuana, Violento desalojo en Vista Bella,27 October 2007, http://www.oem.com.mx/elsoldetijuana/notas/n468201.htm 255 La Jornada, Desalojo en el norte de Veracruz por otro derrame de crudo y fuga de gas, 31 October 2007, http://www.jornada.unam.mx/2007/10/31/index.php?section=estados&article=039n1est 256 El Sol de Cuernavaca, Violento Desalojo de 300 familias en Jiutepec, 01 November 2007, http://www.oem.com.mx/elsoldecuernavaca/notas/n473762.htm 257 La Jornada, Desalojan a 95 familias invasoras de casas defectuosas, en Coahuila, 23 April 2008, http://www.jornada.unam.mx/2008/04/23/index.php?section=estados&article=029n1est

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On 20 July 2008, in Xalapa, a person was evicted from a room that he had taken on lease as a result of not paying rent.258 On 17 May 2008, in Escobedo, approximately 70 people were evicted as a result of an administrative order. The affected persons, who had occupied these lands for nearly 10 years, claim to have evidence of legal ownership documents of the said lands. The inhabitants deny having received any previous eviction notice from the Instituto Estatal de Vivienda. 38 people were detained in the Ministerio Público. These lands had previously been occupied by 900 families, of which 800 had been forced to leave, due to continuous threats and pressures to sell their lands at very low prices.259 On 22 May 2008, in Yucatán, many families were evicted as a result of an administrative order.

The area occupied was known as Flor de Mayo del Sur. They were evicted without the use of police force by the Comisión Ordenadora del Uso del Suelo of the State of Yucatan but with the promise that they would receive alternate housing. However, the houses were destroyed and the occupants evicted, but relocation was not provided.260 On 3 July 2008, in Tijuana, more than 36 families were evicted as a result of an administrative order. Families reported that they were not given any notice prior to eviction. The informal settlement consists of approximately 200 houses. While only 36 houses were destroyed, families in the remaining houses now fear forced eviction as well. The land is claimed by a private individual. However, this person was reportedly not willing or able to produce proof of ownership when asked by residents. Evictees stated that they had no place else to live, and would go to demonstrate at the Municipality.261 On 4 August 2008, in Santa Catarina, families living in the Colonia Arboledas de las Mitras were evicted as a result of an administrative decision.262 On 9 September 2008, in Tamaulipas, 8 people were evicted as a result of an administrative decision. The eviction took place at 3 am and was carried out despite the fact that the house was the subject of a court proceeding.263 In September 2008, thousands of families in Santa Catarina, Ojinaga, Torreon, Villahermosa and other areas were removed from their houses because of the threat of floods. However, there is no policy ensuring them a right to housing in future.264 On 14 November 2008, in Ciudad Juárez, a 59-year-old man was removed from his apartment after a court order against him. Though he suffered from a medical condition that made it 258 Diario de Xapala, Apuñaló a su vecino porque lo desalojó, 22 July 2008, http://www.oem.com.mx/diariodexalapa/notas/n782003.htm 259 El Porvenir, Denuncian vecinos de Escobedo desalojo violento, 17 May 2008, http://www.elporvenir.com.mx/notas.asp?nota_id=217752 and La Jornada, Liberan a 27 de 32 colonos detenidos el sábado durante desalojo de predio en NL, 19 May 2008, http://www.jornada.unam.mx/2008/05/19/index.php?section=estados&article=037n1est 260 Diario de Yucatán, Vecinos de la colonia Flor del Sur fueron convencidos de abandonar los terrenos que ocupaban con el ofrecimiento de reubicarlos pronto, 22 May 2008, http://www.yucatan.com.mx/noticia.asp?cx=11$4103080000$3824963&f=20080522 261 El Solde Tijuana, Desalojo en Torres de Matamoros, 8 July 2008, http://www.oem.com.mx/elsoldetijuana/notas/n764114.htm 262 Milenio, Piden Solución por desalojo de predios en Santa Catarina, 06 August 2008, http://www.milenio.com/node/58944 263 http://www.enlineadirecta.info/nota-66341Nuevo_Laredo_Protesta_familia_por_desalojo_de_un_predio_por_el_Ayuntamiento.html 264 El Porvenir, Inundaciones y desalojos en área metropolitana, 16 September 2008, http://www.elporvenir.com.mx/notas.asp?nota_id=249598

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difficult for him to even walk, he was not given any shelter and had to spend the night under a car.265 On 12 December 2008, in Hidalgo, Las Palmas, several people were evicted by the authorities.

The evictions resulted in injuries to many of the family members, several of whom were detained. Neighbours of those evicted claimed that the land was to be used for a construction project.266 On 14 December 2008, in Jalapa, several families were removed from an area of the Chaparro Grande common land. The lands should have been granted to them as per a 1969 Presidential Decree, but the Decree has not been implemented to date, as a result of which they have been suffering repeated harassment.267 On 19 December 2008, in Saltillo, Las Candelarias, Coahuila State, approximately 300 persons were evicted as a result of a court case filed by the owner of the land. The families had been residing there since 1992.268 On 21 June 2008, in Sonora, approximately 150 persons were evicted from common lands as a result of police action. The 498 hectares of land under dispute are claimed by both the State Government and local businessmen. This land has a high commercial value due to the construction of a coastal road nearby.269 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Nicaragua Extreme poverty and insecurity of tenure are the major causes of insufficient access to adequate housing in Nicaragua. Unsystematic land titling has left many residents without official proof of ownership of their homes.270

265 El Diario, Denuncian ‘abuso’ en desalojo de vivienda, 18 November 2008, http://www.diario.com.mx/nota.php?notaid=f7ac18ab84025fee7afef8bff6ebd654 266 http://www.jornada.unam.mx/ultimas/2008/12/12/desalojo-de-predio-en-hidalgo-deja-15-heridos-ydetenidos 267 http://www.jornada.unam.mx/ultimas/2008/12/16/bloquean-campesinos-distintos-puntos-de-jalapa-pordesalojo-de-ejido 268 Vanguardia, Desalojo en la colonia Las Candelarias de Saltillo, 19 December 2008, http://www.vanguardia.com.mx/diario/noticia/saltillo/coahuila/desalojo_en_la_colonia_las_candelarias/274801 269 http://www.jornada.unam.mx/ultimas/2008/06/24/denuncian-pobladores-desalojo-de-ejido-en-sonora http://www.ehui.com/?c=2&a=97126, and Dosier, Al grito de ¡Viva Bours, hijos de su chingada madre!, agentes de la PEI sacaron a ejidatarios del predio, 24 June 2008, http://www.dossierpolitico.com/vernoticiasanteriores.php?artid=38682&relacion=&tipo=principal1&cat=11 270 Jessica Athens, ‘Health Housing in Nicaragua: An Intersectoral Approach to Improving Livelihoods’ (2004) Wisconsin Coordinating Council on Nicaragua, http://www.capitalforcommunities.org/files/healthy_housing.pdf

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2008 On 25 July 2008, in El Timal, several houses of straw and zinc inhabited by former Contras (anti-Sandinista militants) were demolished by members of the cooperative El Brasil, who said that the evictees had been interfering with their work and that the cooperative could no longer tolerate them.271 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Panama The distribution of housing and land is highly unequal in Panama. Security of tenure is a major housing issue, particularly for the nation’s poor, where the majority of the population lacks proof of ownership by way of registered or unregistered titles to their homes.272 2008 On 2 July 2008, in Panama City, approximately 80 families were evicted by Government agents. The families had been staying in the Las Garzas neighbourhood. A group of students from Panama University protested against the Government action.273 On 28 July 2008, in Pacora, approximately 80 families were evicted by the Department of Housing after they occupied an area of land. The families said they required housing and were ready to pay for the lands, but were evicted as the area was said to be flood-prone. They were promised relocation.274 On 8 August 2008, in Arraiján, approximately 45 families were evicted as a result of an administrative decision to hand over the land to 38 other families. Civil servants of the Ministerio de Vivienda (MIVI – Ministry of Housing) and the police removed the families from a plot of land that they had occupied two weeks earlier. No relocation was promised, though the Ministry said it would consider including them in its housing program.275 On 14 August 2008, in El Nazareno, La Chorrera, two families were removed from a house that they had occupied for the previous 17 years.276 On 2 November 2008, in Pedasí, Los Santos, 33 families were evicted from an area where they had been living for more than 30 years.277

271 El Nuevo Diario, Echan por la fuerza a familias de El Timal, 25 July 2008, http://www.elnuevodiario.com.ni/nacionales/22300 272 PovertyNet, ‘Panama: Poverty Assessment: Priorities and Strategies for Poverty Reduction’ < http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTPOVERTY/EXTPA/0,,contentMDK:20207 841~menuPK:443285~pagePK:148956~piPK:216618~theSitePK:430367,00.html> 273 http://www.critica.com.pa/archivo/07302008/cie03.html 274 Telemetro, Tiros, toletazos y lacrimógenas durante desalojo en Pacora, 28 July 2008, http://www.telemetro.com/noticias/2008/07/28/nota17185.html; Telemetro, Invasores en Pacora esperan que autoridades negocien, 28 July 2008, http://www.telemetro.com/noticias/2008/07/28/nota17144.html 275 La Prensa, Mivi desaloja a precaristas que invadieron en Valle del Sol, 09 August 2008, http://www.prensa.com/hoy/nacionales/1474156.html 276 La Prensa, Policía desaloja a dos familias, 15 August 2008, http://www.prensa.com/hoy/nacionales/1482007.html 277 http://www.prensa.com/hoy/panorama/1579307.html

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ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Paraguay After the election of the current president of Paraguay, peasants in the eastern part of the country began a wave of land occupations in protest at the concentration of land ownership in a few rich owners. The courts have however generally ruled in favour of the land owners, often directing the police to evict and/or imprison the occupants. Roughly a third of the evictions reported here involved violence.

2007 On 10 May 2007, in Puente Kyjha, Canindeyú, the Municipal Government – and therefore the entire population of Huasipungo - faced eviction as a result of a court order in a case filed by the former owner of the Huasipungo national reserve, who claimed he had not been paid proper compensation. The Municipal Government of Huasipungo sought to resist the eviction, claiming that the Huasipungo national reserve was created by law and correctly proclaimed by the administration. The Judge decided to continue with the eviction until appropriate compensation was paid. 278 2008 On 4 March 2008, in Fernando de la Mora, one person was evicted as a result of a court order.

Others said the evicted person, an elderly woman, had been staying in the house for more than 70 years and was now forced to live on the streets.279 On 1 May 2008, in Itapúa, ninety adults and an unknown number of children were evicted as a result of a court order. The eviction was performed peacefully by the National Police. The land in the Santa Ana Ranch, a 2500 hectar state farm, had been occupied by the peasants in protest. The occupation leader claimed that the prosecutor had received money from the landowners to place the eviction request. Another 15 occupations are planned for the next days in large state farms. 280 On 24 June 2008, in Ciudad del Este, approximately 40 families were evicted as a result of a court order. The civil judge authorized the eviction of 40 families and the destruction of their wood houses. The people were forced to stay in the police station and await new housing.281 On 24 June 2008, in Ciudad del Este, approximately 20 families were evicted from privately owned land as a result of a court order. The same judge had ordered a previous eviction on the

278 ABC Digital, Juez devuelve a sojero posesión de una reserva de bosque, 10 May 2007, http://www.abc.com.py/articulos.php?fec=2007-0510&pid=328712&sec=4&ABCDIGITAL=dbe1cc233190c17291c2481f4d41d9ab 279 ABC Digital, Desalojan a una mujer de 83 años, en Fernando, 4 March 2008, http://www.abc.com.py/articulos.php?pid=397149&fec=2008-03-04 280 Última Hora, Campesinos de Itapúa están detenidos tras desalojo, 21 May 2008, http://www.ultimahora.com/notas/118561-Campesinos-de-Itapúa-están-detenidos-tras-desalojo281 Última Hora, 13 detenidos en desalojo de una propiedad privada, 24 June 2008, http://www.ultimahora.com/notas/128772-13-detenidos-en-desalojo-de-una-propiedad-privada-

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same day. There was a clash during the eviction in which some people were arrested and one was injured.282 On July 6, in Alto Paraná, Canindeyú and Itapúa, an indigenous settlement was evicted by a private company seeking to increase the area of its plantation.283 On 4 September 2008, in Caazapá State, approximately 700 people were violently evicted as a result of a court order.284 On 11 September 2008, in Lambare, approximately 4 families were evicted as a result of a court order. The four families had lived on that land for 15 years and said they had been relocated there by a political leader after they lost their previous homes in a natural disaster.

However, the court ruled in favour of the owner of the land when he filed suit against them.285 On 18 November 2008, in Nimbi, approximately 500 Families were evicted as a result of a court order. The administration had earlier suspended the implementation of the order but were overruled by the court.286 On 26 November 2008, in Canindeyú, a large number of people were evicted by a deputy from land that the Government claimed belonged to a foreign company. Twenty two people were arrested.287 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Peru Peru has also seen a wave of land occupations by peasants, homeless workers and others. The resulting evictions are often violent. 62 per cent of the cases reported here for 2008 involved some measure of violence.

282 Última Hora, Un desalojo registró incidentes y 9 detenidos, 24 June 2008, http://www.ultimahora.com/notas/128780-Un-desalojo-registr%C3%B3-incidentes-y-9-detenidos 283 ABC Digital, Presionan a nativos para apoderarse de sus territorios. Brasileños, tras tierras de indígenas Las comunidades indígenas de los departamentos, 06 July 2008, http://www.abc.com.py/articulos.php?pid=430350&fec=2008-07-06 284 La Nación, Fiscalía desalojó propiedad de 24 mil hectáreas, 04 September 2008, http://www.lanacion.com.py/noticias.php?not=201893&fecha=2008/09/04 285 ABC Digital, Desalojo de predio del IPS en Lambaré, 11 September 2008, http://www.abc.com.py/2008-0911/articulos/449728/desalojo-de-predio-del-ips-en-lambare 286 Última Hora, Suspenden un desalojo en Ñemby por pedido del ministerio del Interior, 04 November 2008 http://www.ultimahora.com/notas/168512-Suspenden-un-desalojo-en-%C3%91emby-por-pedido-delministerio-del-Interior; Última Hora, Tras desalojo en Ñemby, los sintecho se declaran en movilización permanente, 14 November 2008, http://www.ultimahora.com/notas/171326-Tras-desalojo-en-%C3%91emby,-los-sintecho-sedeclaran-en-movilizaci%C3%B3n-permanente and ABC Digital, Tres Fiscales dirigen operativo. Violento desalojo en asentamiento de Ñemby, 14 November 2008, http://www.abc.com.py/2008-11-14/articulos/469565/violentodesalojo-en-asentamiento-de-emby 287 ABC Digital, Desalojo en Canindeyu. Detienen a 22 campesinos que invadieron un inmueble, 26 November 2008, http://www.abc.com.py/2008-11-26/articulos/473195/detienen-a-22-campesinos-que-invadieron-un-inmueble; La Nación, Campesinos son detenidos por nueva invasión a propiedad privada, 26 November 2008, http://www.lanacion.com.py/noticias_um-215434.html

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2007 On 10 January 2007, in Lima, approximately 40 businessmen were evicted as a result of a court order issued against them for occupying a commercial building. The businessmen resisted as they have been occupying the place for 2 years. In the ensuing violence, ten people were wounded. 288 2008 On 6 February 2008, in Tacna, several families were violently evicted from lands that belonged to the army. The families said that, in 2005, they had been issued documents from the military authorities granting them permission to stay on the land. The eviction took place at night; army personnel assaulted the families and destroyed their homes.289 On 6 April 2008, in Independencia, a family was evicted as a result of a court order. During the eviction, a family member was shot and died of his injuries.290 On 12 July 2008, in Mangomarca, approximately 300 people were evicted as a result of a court order. The occupants claimed that the Huarochirí Municipality had given them permission to reside there, but the authorities said that the area was not safe. Three people were detained during the eviction.291 On 26 September 2008, approximately 25 people were evicted from private lands that they had occupied. The eviction was apparently done by the owners themselves without a court order.

Two people were reportedly injured.292 On 18 October 2008, in Pollocay, approximately 200 families were evicted as a result of a court order. Their houses were burned during the eviction. The families have applied to the Government to legalise their occupation of the lands.293 On 29 October 2008, in Lima, two people were hurt when the owner of a house was evicted.294 On 30 December 2008, in Ayacucho, approximately 200 people were evicted from lands that they had occupied. The eviction was carried out by a private militia hired by the landowner.

One person died and 15 were injured.295

288 http://www.elcomercioperu.com.pe/EdicionOnline/Html/2007-01-10/onEcLima0648978.html; El Comercio, Violento desalojo de una galería provocó caos en Mesa Redonda, 11 January 2007, http://www.elcomercioperu.com.pe/EdicionImpresa/Html/2007-01-11/ImEcLima0649165.html 289 Radio Uno, Denuncian irregular desalojo de terrenos del Ejército,02 June 2008, http://www.radiouno.com.pe/index.php?option=com_content&task=view&id=5296&Itemid=33 290 http://www.correoperu.com.pe/paginas_nota.php?nota_id=69512&seccion_nota=5; Trome, Acribillan a mecánico en desalojo, 05 June 2008, http://www.trome.com/tonline/Html/2008-06-04/ontractualidad0902750.html 291 http://www.correoperu.com.pe/paginas_nota.php?nota_id=71780&seccion_nota=5 292 Radio Uno, Enfrentamiento por desalojo deja dos heridos, 26 September 2008, http://www.radiouno.com.pe/index.php?option=com_content&task=view&id=6964&Itemid=32 293 Radio Uno, Pobladores volvieron a la zona del desalojo, 18 October 2008, http://www.radiouno.com.pe/index.php?option=com_content&task=view&id=7231&Itemid=26 294 http://www.rpp.com.pe/2008/10/29/dos_heridos_de_bala_y_varios_detenidos_en_desalojo_de_inmueble/nid _143495.html 295 http://www.rpp.com.pe/2008-12-30-ayacucho--un-muerto-y-13-heridos-en-desalojo-de-invasores-de-tierrasnoticia_154292.html

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ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Uruguay Development indicators are better in Uruguay than those of other countries in the region, with Uruguay being considered a middle-income country.296 However, children have been identified as the worst affected by the country’s poverty, and are thus likely to be the most vulnerable to housing rights violations. The right to housing is constitutionally enshrined.

2008 From 13 to 18 June 2008, in Punta del Este, approximately 130 families were evicted from an informal settlement. More than 2,000 families had occupied an empty upper class neighbourhood that was intended for sale. The owners won a court order under the 18,116 law, which states that an illegal land occupant can be jailed. Housing rights organisations have sought the repeal of this law.297 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Venezuela Though President Chavez's Government has taken steps to regularise housing and recognise housing rights (as described in the “Averted Evictions” section), forced evictions continue to take place on a frequent basis in Venezuela. Such evictions also involve a rising trend of violence, with 37 per cent of incidents reported here from 2008 including some use of violence.

2007 On 1 January 2007, in Maracay, approximately 21 informal workers were evicted as a result of renovation of the Central Transport Terminal. Some informal businessmen who used to sell wares in the Terminal were unlawfully evicted, and their merchandise was confiscated.298

296 Human Rights Council, Working Group on the Universal Periodic Review, ‘Summary Prepared by the Office of the High Commissioner for Human Rights: Uruguay, UN Doc. A/HRC/WG.6/5/URY/3 (23 February 2009) < http://lib.ohchr.org/HRBodies/UPR/Documents/Session5/UY/A_HRC_WG6_5_URY_3_E.pdf> 297 Diario Correo de Punta del Este, Titulares de La Capuera se amparan en norma votada el año pasado para evitar usurpaciones; El vocero de la empresa dijo que el 80% de los 1.038 solares del fraccionamiento están ocupados, 17 June 2008, http://diariocorreo.com/index.php?option=com_content&task=view&id=608&Itemid=1; Diario Correo de Punta del Este, Comenzaron a desalojar familias que ocupaban terrenos en La Capuera; Los vecinos anunciaron que cortarán la ruta Interbalnearia si el intendente no les brinda una solución antes de mediodía, 12 June 2008, http://diariocorreo.com/index.php?option=com_content&task=view&id=595&Itemid=1; Diario Correo de Punta del Este, Siguen las negociaciones por La Capuera; El apoderado de la empresa propietaria asegura que tiene la mejor disposición para hallar una salida, aunque confirmó que hay 115 denuncias penales por usurpación, 17 June 2008, http://diariocorreo.com/index.php?option=com_content&task=view&id=614&Itemid=1 and Diario El País Digital, Ocupantes cortan ruta en demanda de vivienda; Maldonado. Familias de asentamiento esperan el desalojo, 13 June 2008, http://www.elpais.com.uy/08/06/13/pnacio_351888.asp 298 Diario El Carabobeño, Untitled, 19 December 2006, http://www.elcarabobeno.com/p_pag_not.aspx?art=a201206c09&id=t201206-c09

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On 24 January 2007, in Caicara del Orinoco, Bolívar State, approximately 4 families were evicted as a result of a court order. One poor family was evicted from a piece of land that was originally a garbage dump. The families demanded that the government provide them with adequate alternative residences.299 On 31 January 2007, approximately 150 families were evicted as a result of a court order passed against them due to their failure to pay condominium taxes. The lawsuit was filed by the Condominium Doral Beach Villas, Tennis & Golf Club, en El Morro de Puerto La Cruz; in 2006 the court ruled in their favour. They sought eviction of the inhabitants who did not pay taxes for the renovation of the village.300 On 31 January 2007, in Yaracuy, approximately 150 families were evicted as a result of a court order.301 On 6 February 2007, in Peña, several persons were evicted as a result of an administrative order due to invasion of private property. According to the evictees' legal defender, many people were injured and maltreated by the police.302 On 23 February 2007, in Estado de Yaracuy, some families were evicted as a result of a judicial order. This is the second eviction targeting the families that occupy the area. The owners claimed that a housing project is planned to be implemented in the area.303 On 1 March 2007, in Cacique Manaure, State de Falcon, approximately 110 families were evicted from land belonging to the Stat. The families had been occupying the area for more than one year, and were evicted by force by the police. Their houses were destroyed and burned down. The Government of State of Falcon was upset with the violence and mentioned he did not issue such an order. The families demanded resettlement.304 On 13 March 2007, in Tanaguarena, approximately 120 families were evicted from a residential building they had occupied. The families occupied the building because the previous area where they used to live was flooded in 1999. The families did not receive the resettlement they had been promised.305 On 25 March 2007, in Barquisimeto, one family was evicted as a result of a court order. The neighbours denounced the arbitrary decision to implement the eviction as the family had lived there for 20 years. The Government agents did not present any documents or IDs.306 On 6 May 2007, in the neighbourhood of Ojo de Agua, people were evicted in the wake of an effort by the Minister of Habitat and Living to resettle them. The people that live in this

299 http://www.diarioelprogreso.com/edi-250107/html/pag38-b.htm 300 El Tiempo, El Morro, Vecinos del Doral Beach rechazan orden de desalojo de apartamentos, 31 January 2007, http://www.eltiempo.com.ve/noticias/default.asp?id=100184 301 http://www.eldiariodeyaracuy.com/index.php?option=com_content&task=view&id=729&Itemid=1 302 http://www.eldiariodeyaracuy.com/index.php?option=com_content&task=view&id=853&Itemid=9 303 http://www.eldiariodeyaracuy.com/index.php?option=com_content&task=view&id=1545&Itemid=9 304 Diario El Carabobeño, Untitled, 01 March 200t, http://www.elcarabobeno.com/p_pag_not.aspx?art=a020307c03&id=t020307-c03 305 El Universal, Perdigonazos, empujones y golpes en desalojo de invasores. 120 familias fueron sacadas a la fuerza de un edificio de Fogade en Caraballeda, 03 March 2007, http://www.eluniversal.com/2007/03/13/grccs_art_perdigonazos,empujo_209790.shtml and El Universal, "Se hacen la vista gorda con otros inmuebles",13 March 2007, http://www.eluniversal.com/2007/03/13/grccs_apo_se-hacen-la-vista-g_209787.shtml 306 http://elinformador.com.ve/noticiero3/xxview.php?ArtID=39750

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neighbourhood claimed that the military personnel in charge of the security of the project started to demolish all the houses, although there were still people living in those houses.307 2008 On 3 April 2008, in Barcelona, approximately 127 families (including almost 350 children) were evicted as a result of a court order. The families were occupying a building owned by the Banco Industrial de Venezuela from 28 June 2007. The families belonged to the Organización Comunitaria de Vivienda Por los Niños de Mi Patria. The families requested time to find alternative accommodation. The city mayor had also promised to attempt to acquire the lands for residential purposes but failed to fulfil this promise. During the eviction, two persons were detained.308 On 5 April 2008, in Caracas, approximately 44 families were evicted as a result of an administrative decision of the Caracas Government and the Ministry of Housing. The eviction took place as part of a drive to recover public spaces. The authorities demolished four villas in which the families were living.309 On 26 April 2008, in Caracas, approximately 11 families were evicted from an area at risk of landslides. The civil defence authorities said the eviction would be temporary.310 On 23 May 2008, in Caracas, approximately 54 families (including 62 children) were evicted as a result of a court order. The families were occupying a building that had been vacated four years earlier. The eviction took place at 2:30 am in the morning. All the men were initially taken to the Comisaría de Simón Rodríguez at 3:00 am and were brought back two hours later with instructions to help their family members remove their belongings. No alternative arrangements were provided.311 On 7 July 2008, in Maracay, approximately 600 homeless families were evicted from lands that they had occupied as an act of protest. The evictions were violent; the police used tear gas against the protesters. The authorities claim to be negotiating with the land owners in order to purchase these lands for the homeless.312

307 http://www.prensaescrita.com/diarios.php?codigo=VEN&pagina=http://www.eluniversal.com 308 El Observador, Dos personas resultaron detenidas tras desalojo de edificio en el estado Anzoátegui, 04 April 2008, http://elobservador.rctv.net/Noticias/VerNoticia.aspx?NoticiaId=234597&Tipo=35 and El Tiempo, Bolívar, Tribunal desalojó a 127 familias que invadían edificio, 04 April 2008, http://www.eltiempo.com.ve/noticias/default.asp?id=145231 308 Radio Nacional de Venezuela, Alcaldía de Caracas desalojó 4 casas invadidas en Plaza Venezuela; El Alcalde del municipio Libertador, Freddy Bernal, señaló que "era un antro de droga, delincuencia y prostitución infantil", 05 April 2008, http://www.rnv.gov.ve/noticias/?act=ST&f=28&t=64527 309 Radio Nacional de Venezuela, Alcaldía de Caracas desalojó 4 casas invadidas en Plaza Venezuela; El Alcalde del municipio Libertador, Freddy Bernal, señaló que "era un antro de droga, delincuencia y prostitución infantil", 05 April 2008, http://www.rnv.gov.ve/noticias/?act=ST&f=28&t=64527 310 Diario El Universal 311 El Universal, Fiscalía desalojó a 60 personas de edificio en la avenida Baralt, 24 May 2005, http://www.eluniversal.com/2008/05/24/ccs_art_fiscalia-desalojo-a_876183.shtml; El Universal, Quince horas duró el desalojo de 102 invasores en la Baralt, 28 May 2008, http://internacional.eluniversal.com/2008/05/28/ccs_art_quince-horas-duro-de_879132.shtml and El Observador, Desalojo de un edificio en la avenida Baralt causó fuerte congestionamiento vial en la zona, 23 Mayo 2008, http://elobservador.rctv.net/Noticias/VerNoticia.aspx?NoticiaId=237538&Tipo=14 312 Diario El Carabobeño, untitled, 07 July 2008, http://www.elcarabobeno.com/p_pag_not.aspx?art=a080708c09&id=t080708-c09

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On 11 December 2008, in Caracas, approximately 50 families were evicted as a result of a court order. Apparently, the building had been occupied four years earlier. The families protested against the fact that they were given no prior notice or warning.313 On 17 June 2008, in Vista Alegre, one family was evicted as a result of a court order. The occupants had been living in the house for ten years and had paid their rent regularly.

However, the house was sold to another owner without regard for their rights.314 On 12 March 2008, in Caracas, approximately 60 people were evicted from a building that they had occupied in December 2005. The neighbours claimed that the occupation of the building led to increased insecurity in the neighborhood.315 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

313 http://www.entornointeligente.com/resumen/resumen.php?id=780026 314 http://www.eldiariodeyaracuy.com/index.php?option=com_content&view=article&id=578:tribunaladministrativo-realizo-desalojo-en-vista-alegre&catid=51:sucesos&Itemid=73 315 El Universal, Hallan municiones de armas largas en desalojo de edificio; Vecinos de San Bernardino aseguran que invasores causaban inseguridad, 12 March 2008, http://www.eluniversal.com/2008/03/12/sucgc_art_hallan-municionesde_753341.shtml

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ASIA AND THE PACIFIC Afghanistan Afghanistan has seen widespread displacement as a result of war over the past two decades.

These trends have continued in recent years, despite reports of some refugees returning.

Military operations by NATO forces, the Taliban and other armed organisations, and the Afghan Government have continued to drive people from their homes.

For instance, between 27 and 29 April 2007, in western Afghanistan, approximately 2,000 people, as per a Red Cross estimate, were driven from their homes by US Special Forces during operations against Taliban militants. The Red Cross said bombing by US forces wrecked 173 houses. Preliminary UN and Afghan investigations found that around 50 civilians were killed in the assaults. The International Committee of the Red Cross confirmed in a statement that the clashes "killed dozens of civilians" and reprimanded foreign forces over civilian casualties caused in operations against Taliban militants. The US-led coalition claimed 136 Taliban fighters were killed in the clashes and said that it is investigating claims of civilian deaths.316 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

Bangladesh Bangladesh, like neighbouring India and Pakistan, continues to largely follow British land laws that permit summary eviction of people without even a court order. The declaration of a state of emergency, which lasted until elections were held in late 2008, made it more difficult to resist evictions or to protest against their consequences.

2007 On 24 January 2007, in Dhaka, 1,500 houses were demolished by the Bangladesh Railway Authorities and the Rajdhani Unnayan Kartripakkha (Rajuk) from areas near the railway tracks along Mohakhali Bus terminal, Jurain and also those from Gendaria Railway Station, as well as the areas of Barolekha in Sylhet, Ashuganj in Brahmanbaria and Gafargaon in Mymensingh.

According to the chief estate officer of Bangladesh Railway, the eviction drive was aimed at recovering land that was 'illegally' occupied.317 On 26 January 2007, near Bhasantek, Mirpur Kalshi, Karwan Bazar and Mohakhali Railway tracks, Dhaka, 1,000 people were evicted by the Dhaka City Corporation (DCC) and the Bangladesh Railway. The DCC and the Bangladesh Railway Authorities were removing 'illegal' slum dwellers from Government land to widen the Mirpur-Bhasantek road. Driven on to the streets, the evictees were forced to live under tin and plastic sheets or makeshift bamboo

316 Agence France Presse, US Raids Made 2,000 Afghans Homeless: Red Cross, 19 May 2007, http://www.commondreams.org/archive/2007/05/19/1309/ 317 Daily Star, Bangladesh, 1,500 shanties on railway land removed, 25 January 2007, http://www.thedailystar.net/2007/01/25/d7012501096.htm

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structures. Families were each given some old clothes and a few kilograms of rice by Rapid Action Battalion (RAB) personnel.318 From 28 January 2007 to 8 February 2007, in Kamrangirchar, Keraniganj and along the Buriganga River, Dhaka, 350 households were evicted by the Bangladesh Inland Water Transport Authority (BIWTA) as part of the ongoing Buriganga riverbank clean-up drive. The BIWTA authorities launched their 12-day eviction drive with a list of 507 persons who had allegedly taken over vast areas of Government lands on both sides of the river. BIWTA officials, army personnel, policemen and day labourers, with a bulldozer, took part in the drive.

They demolished some 350 structures built on the banks of the Buriganga river between Munshikhola and Ashulia. The BIWTA officials said the houses, factories and shops were built on land that had been illegally encroached upon by land grabbers.319 In February 200, in Shat Tola Bosti, Mohakhali, slum dwellers were evicted by the Government. Human rights organisations and professional groups expressed concern over the eviction, which took place in violation of High Court directives.320 On 21 March 2007, in Mohammadpur, Dhaka, 500 households were evicted by the Dhaka Water Supply and Sewerage Authority (WASA) during the first phase of the canal recovery drive 'Dhaka City Water-logging Resolving Project.' Led by a Magistrate, the canal recovery drive began in the morning in the Mohammadpur area. The demolition drive was carried out in the presence of officials of WASA, the Dhaka City Corporation (DCC) and more than 200 policemen. The bulldozers of the DCC started demolition soon after receiving orders from the magistrate. The occupiers of the canal were requested to leave their houses through loudspeakers and given time till 2:30pm.321 On 11 September 2007, in Gulshan, Mohakhali, Dhaka, 1,000 families were evicted by the national Government. The eviction was led by a Magistrate, and attended by approximately 160 police. The Directorate General of Health Services (DGHS), which claims to own the land the slum is located on, is apparently planning to construct a 'National Institute of Health Management' on the land. An earlier plan to demolish the slum and evict its residents was suspended in August due to floods and a lack of police. The Magistrate said "the Government will look into the issue of rehabilitation.â&#x20AC;?322 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

318 The Daily Star, Poor eviction victims live under open sky, 27 January 2007, http://www.thedailystar.net/2007/01/27/d7012701098.htm 319 The New Nation, Buriganga clean-up drive: Illegal structures bulldozed in Keranigani, 31 January 2007, http://nation.ittefaq.com/artman/publish/article_33699.shtml, The New Age Bangladesh, 350 structures pulled down on Buriganga Bank, 29 January 2007, http://www.newagebd.com/front.html#9, The New Nation, 150 illegal structures demolished beside Buriganga, 29 Jan 2007, http://nation.ittefaq.com/artman/publish/article_33664.shtml, The New Nation, BAPA submits memo: Eviction of structure on river banks demanded, 25 January 2007, http://nation.ittefaq.com/artman/publish/article_33587.shtml 320 The Daily Star, Demolition of Slum-HR bodies concerned,1 March 07, http://www.thedailystar.net/2007/03/01/d70301061298.htm 321 The Nation, WASA's canal recovery drive: 50,000 people to get rid of waterlogging, 22 Mar 2007, http://nation.ittefaq.com/artman/publish/article_34894.shtml 322 Bdnews 23, 1,000 slum families evicted in city, 11 September 2007, http://www.bdnews24.com/home.php

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Burma (Myanmar) The military dictatorship of Myanmar has continued to use brutal force to expropriate people, particularly those of minority communities, for purposes including extortion of money, forced labour and seizure of lands for large projects. The Thai Burma Border Consortium (TBBC) and its partners estimated that 76,000 people were newly displaced in 2007 and 66,000 more in 2008 by armed conflict and associated human rights abuses. These include people from 167 villages that were displaced as well as the 43,000 civilians driven from their homes as a result of counter-insurgency operations in Karen State and eastern Pegu.323 These are conservative estimates, as extreme repression and the government's refusal to acknowledge internal displacement makes it difficult to get an accurate picture of the situation.

In 2008, the devastation and massive displacement caused by Cyclone Nargis was exacerbated by the Government's attempts to close down relief camps prematurely and drive back those displaced to their places of origin, even if those affected had still not received any assistance.

Some illustrative cases are included here.

2007 Between 1 February and 20 March, in Nyaunglebin and Papun districts, Karen State, 1,000 people were driven from their homes by the Burmese military. Over 30,000 villagers had already fled their homes since early 2006 because of the onslaught by the Burmese Army on Brigade 2 and 3 of the Karen National Liberation Army in Taungoo and Nyanglebin districts.

Some villagers are in hiding while others have fled to the Thai-Burma border.324 In March 2007, in the Leivomjang and Tazong villages, 380 households were evicted by the Burmese government for the construction of the proposed Tamanthi Dam project on the Chindwin River. Calling it a 'development project', the Burmese junta, with the help of India's National Hydroelectric Power Corporation (NHPC), is building a dam and a power station that will generate 1,200 megawatts of electricity. Campaigners said that about 20 per cent of the electricity will be used locally, mainly by Burmese junta officials, and the remaining 80 percent will be transmitted to India. The Chindwin River basin in upper Sagaing, which is famous for gold and jade mining, is home to several ethnic nationalities including the Kuki, Naga and Shan. The Anti-Tamanthi Dam Campaign Committee, a group of activists campaigning against the junta's project, said the junta had forcibly seized about 17,000 acres of agricultural land from villagers for the proposed dam site. Campaigners said the Tamanthi dam project, which is under construction without any environmental assessment, will adversely affect the existing biodiversity, ecological balance and climatic conditions in the region.325

323 Thailand Burma Border Consortium, Internal Displacement and International Law in Eastern Burma, October 2007 324 Burma News Internationa, Burma Army offensives kill three KNLA, force a thousand to flee, 26 March 2007, http://www.bnionline.net/index.php?option=com_content&task=view&id=1477&Itemid=6 ; and Mizzima News, Three die, a 1,000 flee fresh army offensive in Karen districts, 26 March 2007, http://www.bnionline.net/index.php?option=com_content&task=view&id=1475&Itemid=6 325 Mizzima News, Burma-Over 380 houses compelled to relocate for Tamanthi dam, 7 March 2007, http://www.mizzima.com/MizzimaNews/News/2007/Mar/07-Mar-2007.html; and The Hindu, India to wheel in power from abroad -Joint projects in neighbouring countries, 11 August 2006, http://www.blonnet.com/2006/08/12/stories/2006081204930100.htm; and Mizzima News and BurmaNet, Burma's Thamanthi hydel project evicts farmers from their land, 30 August 2005, http://www.burmanet.org/news/2005/08/30/mizzima-news-burmas-thamanthi-hydel-project-evicts-farmersfrom-their-land-nem-davies/; and Kuki Student Democratic Front, Yet another weapon in the hands of the military junta â&#x20AC;&#x201C; Tamanthi dam in Burma, 20 August 2005, http://www.ksdf.org/read.asp?title=TAMANTHI%20DAM%20IN%20BURMA&CatId=Article&id=2; and Mizzima News, Kuki Protest Against Thamanti Dam in Burma, 28 June 2005,

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On 28 April 2007, in Pha Pun district, Karen state, 4,300 people were driven from their homes by the Burmese military. Battalions from 'Military Operation Command' No. 1 and from Brigade 88 attacked the Khay Pu and Naw Yo Tar area with heavy artillery. The Government had scaled down operations in Pha Pu district, Karen state during February but it re-launched attacks in April. The villagers fled into the jungles, where they faced food shortages and starvation.326 In May 2007, in Thanpyuzayart, Wakali village, Mon state, 160 acres of a rubber plantation were seized by the Burmese military. The seized rubber plantations include at least 50,000 rubber plants and belonged to 26 owners. The lands were seized after the owners refused to pay Kyat 1,000 per plant to the local military. According to the Human Rights Foundation of Monland, in Mon state alone, the Burmese junta has confiscated over 10,000 thousand acres of land and rubber plantations since 1995.327 2008 In May 2008, in Laputta, 30,000 people displaced by Cyclone Nargis were forced to leave their relief camps and return home. Those sent back to their villages were apparently living under very difficult conditions, reportedly without proper food supplies, drinking water, shelter or health care. Some returned to Laputta to access international aid and assistance, but many could not do so.328 From August 2008 onwards, in villages in the townships of Dedaye, Kungyangone and Mawlamyainggyun, many people were forced to leave or migrate due to dwindling international assistance, falling private donations, military restrictions and interference on aid delivery and loss of aid supplies due to corruption among officials.329 On 5 August 2008, in Laputta, a further 6,000 people were forced to leave after the three remaining camps were closed. Evictees were also made to sign consent forms before leaving.

According to sources, some displaced persons who have refused to return home are conscripted for forced labour, occasionally beaten over random, petty accusations or expelled from the camps. It is not clear what kind of assistance was to be provided at the villages; the only officially stated assistance was a sheet of plastic tarpaulin.330 In early September 2008, a further 5,000 people were driven out of two relief camps in Laputta township, and the camps were then closed down. The camp residents were relocated to more remote areas, which were placed under military guard. The new areas were also difficult for international agencies to reach.331

http://www.mizzima.com/archives/news-in-2005/News-in-June/28-Jun-05-45.htm; and Anti-Tamanthi Dam Campaign Committee, Kukis Campaign Against Tamanthi Dam- Exploitations Of Natural Resources In Kuki Areas, http://www.freewebs.com/anti-htamanthi/ 326 Burma News International, One killed, over 4,000 villagers flee fresh Burma Army offensive, 02 May 2007, http://www.bnionline.net/index.php?option=com_content&task=view&id=1626&Itemid=6 327 Mon News, Burmese junta seizes over 160 acres rubber plantations in Mon state, 28 May 2007, http://www.monnews-imna.com/newsupdate.php?ID=630 328 The Irrawaddy, One Month after Cyclone Nargis, 4 June 2008, http://www.irrawaddy.org/article.php?art_id=12498; and ibid, Rights Groups Report Post-Cyclone Abuses, 6 June 2008, http://www.irrawaddy.org/article.php?art_id=12546 329 The Irrawaddy, Cyclone Victims Turn to Towns for Handouts, 25 August 2008, http://www.irrawaddy.org/article.php?art_id=14015 330 The Irrawaddy, Three Laputta Refugee Camps to Close, 18 July 2008, http://www.irrawaddy.org/article.php?art_id=13406 331 The Irrawaddy, Cyclone Refugees Forced to Leave Camps, 15 September 2008, http://www.irrawaddy.org/highlight.php?art_id=14257

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ICESCR: No

CEDAW: Yes

ICCPR: No

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: No

CAT: No

Cambodia Due to the destruction of all land records by the Khmer Rouge, the Cambodian land tenure system is marked by the ongoing development of property rights records. Most people in Cambodia do not have title to the housing or land they live on. While legislation recognises possession rights and provides that these can be transferred into formal land titles, the titling system is inaccessible to poor and marginalised communities.

With rapid economic development setting in in the past years, pressure on poor and marginalised communities, or those living on sought after land, has increased, and the number of forced evictions has increased dramatically. It is estimated that at least 150,000 Cambodians live under the threat of forced eviction, including approximately 70,000 in the capital Phnom Penh.332 Forced evictions regularly happen in clear and blatant violation of international human rights obligations and of national legislation which recognises possession rights and gives extensive protection to possessors, close to the status of ownership.

2007 In 2007, in Bavel Distirct, Battambang Province, 200 people were evicted by the Royal Cambodia Armed Forces (RCAF) for encroaching on private property. The Battambang Provincial Court accused five villagers of Bavel district of encroaching on private property during a long running land dispute. Despite the absence of a defence counsel, it sentenced three villagers to one year's imprisonment and another two to six months in jail. The dispute between the armed forces and the villagers concerns 10,000 contested hectares in Bavel District.333 In January 2007, in Pou Teut Village, Bou Sra Commune, Pich Chenda District, Mondolkiri Province, 56 families were evicted by the Chief of Pou Teut village, on behalf of a company named Khov Chea Ly, which is associated with an unnamed French company. The land was to be used for rubber plantations. The land is spread over 400 hectares and was under the collective ownership of 56 families living in Pou Teut village, who belong to the Phnong indigenous community. Complaints to higher authorities were not received. The community practices shifting cultivation and needs vast areas of self-regenerating forests, not only for the cultivation of their crop, but also for meat from wild animals and for accessing forest produce to sustain their livelihoods. According to Article 26 of the Land Law of 2001, no authorities can alienate land under such collective ownership to any person or group, and this ownership is in the nature of state public property.334

332

Amnesty International, Rights Razed: Forced Evictions in Cambodia, AI Index: ASA 23/002/2008, February 2008, p.7 333 Cambodia Daily, 15 February 2007 and Cambodia Daily, 22 March 2007 334 Asian Human Rights Commission (AHRC), Urgent Appeals Programme, Cambodia: One village chief illegally sells indigenous people's land to a private company in Mondolkiri province, 29 January 2007, http://www.ahrchk.net/ua/mainfile.php/2007/2189/?print=yes

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In February 2007, in Kampot, one family was evicted as a result of an order by a Phnom Penh Municipal Court Judge, on grounds of land grabbing. The land in question was owned by a provincial court judge. One woman was detained.335 Also in February 2007, in Muoy, Peng, Tachout and Dal villages, Nhang Commune, Andong Meas District, Ratanakiri Province, 500 Jarai ethnic minority families lodged a complaint against the Andong Meas District Governor, and the Nhang commune chief, for assisting in the illegal sale of 1,200 hectares of their communal land in Nhang commune to an unknown Chinese firm. The families also lodged a complaint of intimidation against the Sle Phoueng commune chief for threatening to kill them.336 On 11 February 2007, in Tom Nop Thmry Village, Steung Trong Commune, Sala Crao Distict, Pailin Town, Battambang Province, 56 families were evicted by two military officers.

The Pailin city authority had plans to use the area to build an airport. The families had been living on the land since 2006. In total, the 56 families on the land had built 20 houses. The group had taken up residence on the property after they had been evicted from their previous lands, as they had been forced to surrender them to a private money lender. This is not the first instance of intimidation by military men on the property, which has been taking place since 2006. The demolition was illegal as court permission and advance notice to the evictees, even for houses with illegal occupants, is required by law.337 In March 2007, in Srayong Commune, Kulen District, 25 houses in a protected forest were demolished by military police and forestry administration officials (along with another 105 unoccupied houses). The Government claimed the houses were occupied after the announcement of plans to lay tarmac on a dirt road linking Preah Vihar province to Siem Riep province. Two persons were detained for six hours and released later after signing documents in which they agreed not to claim land in protected forests in future.338 On 20 April 2007, in Commune 4, Mittapheap District, Sihanoukville, 117 families were evicted by the Sihanoukville Municipality. The survey office claims the land is owned by a woman who is reportedly the wife of an adviser to a high-ranking official. She reportedly bought the land from three previous owners who had purchased the land before 1993. Local authorities were consistently unable to provide any details of original ownership by these three individuals, saying that the documents had been lost. Among the families evicted from the land are at least 17 families who have lived there for more than 10 years, giving them a claim to ownership under the Land Law. Prior to the eviction, local authorities offered these families money or alternative land to leave - a clear recognition that these families have valid claims to the land - but the negotiations failed. The authorities refused to conduct a survey of all the families in the community, in order to determine which other families may also have valid claims to ownership, or to negotiate with any others. On the morning of 20 April 2007, some 150 military police and police officers armed with guns, electric batons and tear gas, raided the disputed lands at Commune 4, Mittapheap District, Sihanoukville, burning down 80 houses and demolishing the remaining 26 houses. The evicted families were not permitted to remove possessions from their houses before they were destroyed. Two police officers and one

335 Cambodia Daily, 7 March 2007 336 Cambodia Daily, 17 - 18 February 2007 337 Asian Human Rights Commission (AHRC), Urgent Appeals Programme, Cambodia: Continuous demolition of village homes and the violent assault of a woman in Palin town, 22 February 2007, http://www.ahrchk.net/ua/mainfile.php/2007/2231/?print=yes 338 Cambodia Daily, 20 March 2007

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military policeman were injured, as well as a number of villagers. Thirteen villagers were arrested.339 On 20 April 2007, in Tuol Sangkae commune's Russey Keo district, Phnom Penh, 30 families were evicted by the Phnom Penh Municipality in order to hand over the land for development by the Korean company World City, as part of a plan to establish a new city in Pong Peay lake.

Compensation was offered to some families who, however, were forcibly evicted without notice when they demanded more appropriate compensation amounts.340 In May 2007, in Kampong Speu province, 100 families were evicted by the Ministry of Water Resources. The Ministry plans to build two canals in Kampong Speu province. No compensation was given (though the villagers have now petitioned for it).341 On 23 May 2007, in Sangkat O' Tress, Khan Stung Hav, Sihanoukville, 92 families were evicted by a group consisting of a hundred armed police, military police and twenty gangsters.

The attack was allegedly led by the Governor of Khan Stung Hav. The Governor reportedly issued a notice to evict the families on grounds that they were living there illegally. The villagers had already managed to resist a previous eviction attempt on 29 November 2006, which was halted after intervention by the Prime Minister. But on 23 May, the attackers returned and destroyed houses, crops and livestock. The action violates the Cambodian Land Law 2001, as well as the statements of the Prime Minister, who had guaranteed that he would stop the evictions and take action against officials who had abused their power to grab land.342 2008 In January 2008, in Banteay Lo-Ngeang in Kro-Year commune, Santuk district, Kompong Thom province, 177 families were evicted by military officers, civilian and military police and forestry officers. The land dispute arose because of a concession of 8,000 hectares given to the Tan Bien Company to establish a rubber plantation. Approximately 800 hectares of forests in the area had been cleared for cultivation by an association of war veterans in 2003, comprising about 357 families. Meanwhile, the land concession was granted, and the land given in the concession and that occupied by the veterans overlapped. On 10 January, though negotiations were supposed to have begun, military and police forces were posted along the only access road to the community to seal it off from the rest of the country and to force the people out of their lands. 180 out of the 357 families remained and protested against their eviction. Events after January 2008 are not known. 343 In June-July 2008, in Chey Sena, Kampot province, families were evicted by the Royal Cambodian Armed Forces (RCAF), the Taken commune police, forestry officers, the subcommission for land distribution, the military police and a private company. Three separate incidents took place in this period. First, a community of 152 families who live on the edge of Chey Sena village were threatened by commune police officers, including the Taken commune police deputy chief, and military soldiers, after the provincial authorities issued a notification 339 Centre on Housing Rights and Evictions (COHRE), Housing Rights Task Force (HRTF), Joint Media Statement, Phnom Penh and Sihanoukville residents forcibly evicted, 24 April 07 and Sihanoukville land evictions: 13 arrested should be released and a social land concession given to poor families, 25 April 2007.

340 Housing Rights Task Force, Phnom Penh and Sihanoukville residents forcibly evicted, 24 April 2007 341 Voice of America, Displaced Families Left High and Dry in Canal Project, 10 May 2007, http://www.voanews.com/khmer/2007-05-10-voa1.cfm (original reporting in Khmer) 342 Asian Human Rights Commission (AHRC), Urgent Appeals Programme, Cambodia: Forced eviction of 92 families in Sihanoukville allegedly led by Khan Stung Hav governor, 31 May 2007, http://www.ahrchk.net/ua/mainfile.php/2007/2409/ 343 Asian Human Rights Commission (AHRC), Urgent Appeals Programme, Cambodia: Forcible eviction and blockade of food supplies against the villagers in Kompong Thom province, 24 January 2008,

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letter to the local authorities informing them that the land which the 152 families were living on had been given to a private company. Second, shortly afterwards, military officers were accused of instigating friction within the village and intimidating people to leave in order to build a road to the land concession. Some “voluntarily” vacated their lands soon after, but were essentially forcibly evicted. Thirdly and lastly, there were allegations of harassment, intimidation and violence by forestry officials and military forces, which resulted in several families being forced to move. Resistance by the local families resulted in four arrests and physical injuries.344 According to reports received from human rights organizations, approximately 100 heavilyarmed local police and military police forcibly evicted 23 families in Russey Keo, firing two tear gas canisters at the residents and dozens of AK-47 bullets into the air and at a vehicle, causing it to explode. The houses were demolished by excavators and many of the residents’ possessions were also destroyed. Three community members were injured, one with serious head injuries, eight community members were temporarily detained, four overnight as a result of this incident. The 23 families have been living at the site, in Banla S’et village, Khmuonh commune, since 1994. They had been recognized by local authorities and most had been granted family books and other documents. However, in 2005, several businesspeople claimed that they owned the land and filed a claim in court seeking the eviction of the residents.

Despite their long period of unchallenged, peaceful occupancy of the site, the residents lost the case at the municipal, appeal and supreme court levels. The community was then given 24 hours to vacate the area.345 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

China The economic boom of the last two decades in China, together with the introduction of tradable land rights, has led to a rapid rise in real estate speculation as well as 'cleanliness' drives against occupants of public land.

Seizure of lands and housing also greatly increased during the drive for the 2008 Olympics games. According to COHRE research, based on statements and reports by the Chinese Government and estimates documented in the field, 1.5 million people were displaced to create space for the principal Olympics venues, city ‘beautification’ for Olympics tourism, other urban facilities related to the Olympic Games, and improvements to the city’s general infrastructure. Even in those cases where District and Municipal officials had already planned housing removals, authorities used the Olympic Games to justify these removals to those affected and to the general public. While these displacements began as early as 2000, in 2007 COHRE estimates that 156,000 people were displaced and in 2008, the year of the Beijing Olympics, the number went up to 250,000. Furthermore, the number of people displaced, which is based primarily on official figures of housing removals, appears not to include the evictions of many migrants living ‘temporarily’ in some 171 neighbourhoods within the fourth ring road (the city’s urbanised core) and whose homes were also demolished as a result of urban development linked to the Olympic Games. There is clear evidence of the authorities’

344 COHRE Protest Letter, 6 August 2008, AP_IE_Cambodia_CheySena_PL_6Aug08; and Licadho Fact Sheet, Ongoing land conflicts in Chey Sena village, Taken commune, Chhuk district, Kampot province, June 2008; and Asian Human Rights Commission (AHRC), Urgent Action Appeal, AHRC-UAC-148-2008, 4 July 2008 345 Cambodia Daily, Groups Condemn Latest Land Confrontations, 23-24 February 2008

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use of the Olympic Games as an inducement to both encourage residents to relocate voluntarily from areas that are not Olympics venues in order to ‘beautify’ the city, and also to threaten residents to leave quickly, or otherwise be given lower compensation rates. While it is difficult to say that all those displaced were forcibly evicted, there is clear evidence to show that in most cases residents who left their homes ‘voluntarily’ were, in fact, coerced into accepting compensation at rates that were not at the fair market value for homes in their neighbourhoods and were not sufficient to guarantee their ‘residential conditions’ by attaining alternative housing at or above the quality of that from which they were being forced, as is required by Chinese law.

Though not always driven by the Olympic games, similar patterns of pressure, indirect coercion and forced eviction appear in other reported incidents. These are detailed below.346 2007 In January 2007, villagers residing in Sanshangang in the Nanhai district, city of Foshan, staged a sit-in and tried to stop construction work from going ahead on their lands. They claimed the lands had been taken over by local government and the company for development without their agreement and that they had not received any compensation. More than 2,000 police and security personnel cordoned off the main intersection in Sanshangang village and detained nine people. Police destroyed the tents in which the protesters were camping and ripped down banners hanging there, including a large portrait of Mao Zedong, witnesses said. Shortly after the protest some activists were arrested.347 On 22 March 2007, in Chongqing City, at the employee housing of the Porcelain Enamel Product Corporation (PEPC), 53 families were evicted by the Yinxing Group. The land had been sold to the company by the PEPC in 2003. The factory manager did not give the employees the compensation they were entitled to, and the company's medical insurance and re-employment issues have not been resolved. The PEPC promised that the employee housing would not be demolished before the compensation issue was resolved. On 22 March, however, the developer led about 200 people to demolish the housing. The villagers were beaten for resisting. The employees called the police, who only arrived after the local Mayor's office was also contacted. However, the villagers reported that police beat them instead of intervening to stop the eviction. Three people were severely injured and hospitalized.348 In April 2007, in Sanhekou village, Beihai city, in the south-western region of Guangxi, 100 people were evicted as a result of appropriation of their farmland by local officials. Armed police and officers wearing military-style fatigues clashed with villagers who resisted. They handed out pamphlets saying their demolition actions were legal. More than 20 people were hospitalized, some with serious injuries.349 On 3 April 2007, in Chongqing, 2 people were evicted by a private developer to make way for a luxury residential and retail development. Restaurant owner Wu Ping and her husband, Yang Wu, have been resisting demolition since 2004, when they and 279 other households were offered compensation to make way for a luxury residential and retail development. Ms Wu

346 One World, Whose Dream? Housing Rights Violations and the Beijing Olympic Games, COHRE 2008 347 Radio Free Asia, China-Police Raid Guangdong Village, Detain Land Protesters, 18 January 2007, http://www.rfa.org/english/china/2007/01/18/china_clash/ (original reporting in Mandarin by Ding Xiao) 348 Li Xi Epoch Times, China - Laid-Off Workers Protest Violent Eviction Impoverished former state enterprise workers protest denied benefits and eviction, 26 March 2007, http://en.epochtimes.com/news/7-3-26/53357.html 349 Radio Free Asia, 'Nail House' Stories Fire Up Chinese Netizens, 2 April 2007, http://www.rfa.org/english/news/politics/2007/04/02/china_nailhouse/ (original reporting in Mandarin by Ding Xiao and in Cantonese by Lee Kin-Kwan)

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and Mr Yang finally agreed to move into a similar-sized apartment elsewhere in downtown Chongqing after rejecting initial compensation offers as inadequate.350 On 20 April 2007, in Beijing, one family was evicted by a developer company, New World China Land. The family had refused to leave for the previous five years and said that a Beijing court ruled in 2003 that the developer had no right to kick them out. Construction workers using pick axes then demolished the home. The standoff drew large crowds of angry neighbours who shouted at security guards. One resident said her 80-year-old husband and 20year-old mentally impaired son were still inside the building when it was demolished. She claimed the family had not been offered compensation and she was not shown any eviction order. New World has pulled down most of the other buildings around the home and built a temporary wall around the area, while advertising that it is building a new structure called the New Fortune Business Building.351 On 20 May 2007, in Shanchang, 21 houses were demolished by Zhuhai city planning department for a redevelopment project. The houses had been listed for preservation by the local culture department. The villagers have been re-housed in high rises.352 On 2 September 2007, in Longtang community, Shangtang industrial area, Baoan district, 100 families were evicted by local officials, as it was claimed that 'unauthorised construction' by them adversely affected the water supply and made it unsafe. Further, officials claimed that the families' proximity to the mass transit system was another reason for demolition. More than 240 law enforcement officers forced their way into the Longtang community, then set fire to approximately 10,000 square feet of shacks, razing all existing structures. Inhabitants claimed that they were given no notice and that many officers could not produce legitimate identification. The residents were forced to shelter in bamboo shacks.353 On 27 September 2007, in Fengtai District, Beijing, thousands of people were evicted by provincial authorities from the “Petitioner's Village” that houses people who travel to the Capital to petition the central Government over grievances. Authorities claim that the demolition is necessary to pursue the development of Beijing's Railway Station. The authorities forcibly demolished the buildings using a bulldozer. The officials were accompanied by 100 public security officers and security guards.354 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

India Indian law permits eviction of “encroachers” on public and private lands without a court order, leading to frequent, large scale and often brutal evictions. Reversing a string of earlier judgments where courts had ruled against forced evictions, over the last decade there has been an increasing trend of courts themselves issuing orders for mass evictions of urban slums, 350 Ibid; and The Age, China's nail house finally falls, 4 April 2007, http://www.theage.com.au/news/world/chinas-nail-house-finally-falls/2007/04/03/1175366241375.html 351 The Guardian, China Family Protests As Home Torn Down, 20 April 2007, http://www.guardian.co.uk/worldlatest/story/0,,-6573605,00.html 352 New Statesman, China-History reduced to rubble, 28 May 2007, http://www.newstatesman.com/200705280025 353 Hong Kong Daily, China's Shenzhen city burns down slum during forced eviction, 4 September 2007 354 South China Morning Post, Petitioners ordered out as homes razed, 27 September 2007; and Hong Kong Daily, Beijing dispatches police to mop up "petition villages", 1 October 2007

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forest dwellers and other marginalised and poor communities whose farmlands or residences have not been legally recognised. Finally, the implementation of colonial land acquisition laws has greatly accelerated in recent years, as the Government attempts to take over private lands for large projects. Though the law only permits compulsory acquisition for “public purposes”, in practice the courts and the Government have defined the term so widely that any project that generates employment is now considered a public purpose. The result is that the Government's acquisition powers are now mostly used in order to take over land on behalf of multinational and large Indian corporations. A rapid increase in evictions, dispossession and displacement has been the result of these developments, which in many cases have resulted in fierce and violent conflicts. Some illustrative cases are listed here.

2007 In February 2007, in Rayagada, Orissa, traders were evicted by the town Chairman, vicechairman and an executive officer, for road expansion purposes.355 On 6 and 7 February 2007, in Kasbeh and Bijan, Kolkata, West Bengal, some families were evicted by the Kolkata Improvement Trust (KIT), which comes under the Ministry of Urban Development. There is a proposal to set up housing complexes on the vacated land. The KIT had launched a special drive to evict 'encroachers' from its land.356 On 9 February 2007, in River Bank Colony, Lucknow, one person was evicted by the Lucknow Municipal Corporation (LMC) in an apparent effort to illegally hand over the house to another person. The Lucknow bench of the High Court directed the corporation to return possession to the original resident.357 On 6 March 2007, in Sanjay Basti, New Delhi, 40 houses were demolished by the Municipal Corporation of Delhi (MCD), following a joint survey by the MCD and the Central Public Works Department to identify “illegal slums”. The residents had been staying in the area from 1978 onwards and work as vegetable vendors, domestic helpers, casual labourers, street hawkers, rickshaw-pullers, mechanics and painters, among other occupations. The demolition of Sanjay Basti was in violation of the Delhi Master Plan 2021, the Delhi Laws (Special Provisions) Act, 2006, and the slum policy of the MCD. Despite this, the demolition was ordered by the Delhi High Court, on the basis of the notion that slums are unclean and “parasitic”.358 On 17 April 2007, in Nehru Jhuggi Jhopri Camp at Patparganj, East Delhi, 3,000 households were evicted by the Public Works Department for widening of a national highway. The demolition of the Nehru JJ Camp began amid strong police presence in the morning. Notice of a few days had been given.359 In May 2007, in Kovuru Nagar, Anantapur, 715 families were evicted by local authorities on the basis that they were encroaching on lands along the railway tracks. The thatched homes were allegedly razed by railway authorities. Revenue authorities have assigned alternative house site documentation to the families, but the families say they were never shown the sites. The

355 The Statesman (India), Town eviction drive ends, 6 February 2007 356 The Statesman (India), Drive to evict encroachers, 11 January 2007 357 Hindustan Times, 'House-grabbing', the LMC way, 16 February 2007; and The Times of India, Lucknow-HC directs LMC to restore house to doctor, 18 February 2007 358 Hindustan Times, Rang de basti, 6 May 2007; and The Telegraph, Demolish drive at Amartya aide door, 30 April 2007, http://www.telegraphindia.com/1070501/asp/nation/story_7721745.asp; and The Hindu, Demolition victims demand justice, 27 April 2007 359 The Hindu, PWD begins slum eviction, 18 April 2007

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Communist Party of India (CPI) alleged that the families are living on the sites of their razed homes because they have received no relocation.360 Also in May 2007, in Chikkamuniyappa Layout, Allalasandra in Yelahanka, Bangalore, 45 households were evicted by the Karnataka Housing Board through the Bangalore Metropolitan Task Force. Residents say they bought the land from Chikkamuniyappa in 1985, though they did not have documents to prove it. The Karnataka Housing Board however states that the Housing Board had acquired the land in 1991 and that no compensation could be provided as the families were all unauthorised occupants.361 On 21 May 2007, in Nehru Enclave Colony, New Delhi, 13 flats were demolished by the Delhi Development Authority's enforcement squad, on grounds that they were illegally occupied.362 On 29 May 2007, in Amrai Nagar, Sector 7, Nerul, Navi Mumbai, 350 houses were evicted by private builders and the police. The families had been living there since 1994. Many of them are construction workers, domestic workers etc. who work in the nearby construction sites and buildings. During the demolition, one person died of a heart attack. According to the policy of the Government of Maharashtra, slums built before the year 2000 are protected slums and are to be given rehabilitation. However, no resettlement or compensation was provided.363 On 2 August 2007, local authorities evicted over 100 families living along the Rajabazar Canal, Canal East Road, Narkeldanga, Kolkata. The families belong to the poorest section of a minority Muslim community and their houses are no more than plastic tents and shanties.

According to reports received from human rights organisations, seven police officers from Narkeldanga police station, armed with sticks and kukhri, arrived at the Rajabazar Canal on 2 August 2007 without prior notice and started cutting the ropes which held the plastic roofing of the houses. They also set fire to 70 of the 100 houses. The police prevented the families from collecting their belongings and many families lost their clothes, valuables and important documents, such as birth certificates, in the fire. The police reportedly used sticks to beat those who protested, injuring several people.364 In September 2007, in Besant Nagar, Chennai, 40 families were evicted by the Tamil Nadu Housing Board. Though initially the Housing Board claimed the land belonged to the Revenue Department, it is now claiming it as its own. The intention is to set up a park on the land. The families had been granted the land in Besant Nagar after being displaced by the tsunami. The residents were forced "to stay on a street side in the area for over four days after being evicted.â&#x20AC;?365 Also in September 2007, in the Walled City, New Delhi, 150 families were evicted by the Municipal Corporation of Delhi (MCD). The MCD had decided to demolish all dilapidated buildings in the Walled City. The MCD said it would provide rebuilt housing at the same site,

360 The Hindu, Displaced poor denied house sites, 20 October 2007 361 The Hindu, Housing Board demolishes encroachments- We should have been given notice, says resident, 1 May 2007, http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2007050118710500.htm&date=2007/05/01/&prd =th& 362 Hindustan Times, Enclave raid: LDA misses police backup, 22 May 2007 363 Eviction Watch Intercultural Resources, 350 houses demolished at Navi Mumbai, 31 May 2007, http://www.icrindia.org/?p=147 364 Asian Human Rights Commission (AHRC), Urgent Action Appeal, 20 August 2007 365 New Indian Express, Tsunami-hit families thrown out of homes, 4 October 2007

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but no time frame was given and the evicted families were told to reside in the community halls in Sitaram Bazaar, despite the lack of sufficient water and toilets. 366 On 5 September 2007, in Moti Nagar, West Delhi, residents of 54 flats were evicted after the High Court ordered the demolition of all illegal constructions in the area in an order issued on August 29. Moti Nagar is a colony of some 1,600 flats, allotted to residents in 1960. No notice was given to the residents, who had lived there for 40 years, as the Municipal Corporation of Delhi argued that it was not necessary since the constructions were â&#x20AC;&#x153;illegalâ&#x20AC;?. A large number of policemen, paramilitary forces and two companies of Rapid Action Forces arrived when the residents protested.367 On 6 September 2007, in Mysore Road, Bangalore, 24 households were evicted by the district administration for encroaching on a natural drain and allegedly blocking the flow of rain water out of the city. The demolition was performed by 3 battalions of police personnel, 10 earth movers, 15 trucks, cutters, drillers and 100 gang men, under the supervision of the Bangalore Urban Deputy Commissioner. The eviction drive was made possible after clearance by the High Court. Ten days' notice was given but no compensation or resettlement provided.368 In October 2007, in Suriyur, Salem, Tamil Nadu, one village was evicted by the Forest Department. The Department claims that the area where the village lies falls within a forest reserve. The resident villagers had been living and raising crops there for many years. The villagers claim that they were harassed and forcibly evicted from their lands. The eviction was in violation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which stipulates that no tribal or forest dweller who has been living in forest lands prior to 13 December 2005 should be evicted until their rights are duly assessed and recorded under the Act.369 On 11 October 2007, in Kangeyanallur Road, Vellore, Tamil Nadu, 56 families were evicted by the Public Works Department. The PWD alleged that the families were encroaching on the land adjacent to the office of the Public Works Department Water Resources Organisation.

The PWD wished to construct a compound wall for the office. The families had been given notice to leave the area but refused. When the residents attempted to go to the alternative site on 12th October, the locals forced them off the site, saying that the land could not be allotted to 'outsiders'. Some local residents dismantled the structures put up by the families and drove them away. The Government organised negotiations between the displaced persons and the local residents and claimed to be committed to providing alternative housing to the evictees.370 On 13 October 2007, in Vanchinathan Nagar, Erode, Tamil Nadu, 285 families were evicted by the district administration in an anti-encroachment drive at Vettukattuvalasu. The families had lived on the land for over 20 years. The Communist Party of India wrote to the Chief Minister demanding compensation for the residents. The party demanded that the State Government take over the land and either give it to the residents, with titles, or to the Slum Clearance Board to build flats for residents. An alternative site has been offered to 166 families

366 Hindustan Times, 150 families in demolition mess, 21 October 2007 367 Express Media, Demolition: Moti Nagar turns violent, 5 September 2007, http://cities.expressindia.com/fullstory.php?newsid=254752; and Hindustan Times, Demolition sparks more trouble, 5 September 2007 368 The Times of India, No more floods on Mysore Road?, 7 September 2007 369 The Hindu, Tribal forum to fight against Suriyur eviction, 16 October 2007; and ibid, Scheduled Tribes panel member holds inquiry, 18 October 2007 370 The Hindu, Group houses for displaced slum-dwellers: Minister, 15 October 2007

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in Puthur Puduppalayam in Vellode village, approximately 20 km away from the town where they work. The site is underdeveloped and has no bus route nearby.371 On 18 October 2007, in Nerul, Mumbai, 350 houses were demolished by the city Government for a garden. Navi Mumbai Municipal Corporation (NMMC) had declared the 350 hutments to be illegal constructions. The NMMC had previously sought to evict the residents, but this had been halted by protests from the residents. On the morning of 18 October, anti-encroachment personnel, 100 labourers and a large number of police entered the land and began demolishing the 350 structures. The eviction lasted through the day, and police were on hand to prevent any protests.372 On 23 October 2007, in Ukkadam, Coimbatore, Tamil Nadu, 650 households were evicted by city authorities. Their houses belonged to the Tamil Nadu state housing board and had been declared unsafe following a collapse after heavy rain. A small compensation of Rs. 5,000 (approximately $100) was provided to those evicted. Authorities provided facilities for feeding the residents in government schools, but left the residents to make their own arrangements for accommodation.373 2008 On 26 February 2008, in Malancha Niwas, near Raj Bhawan, in the city of Agartala of the state of Tripura, 1,000 people were evicted by the West Tripura Police and the Tripura State Rifles.

The Government had ordered the eviction as they found that the community of people was illegally residing on land which was to be used for a law college and a state guest house. Those being evicted, on the other hand, alleged that they were "victims of insurgency" who had lived there for over 15 years, during which the Government did nothing to rehabilitate them.374 On 26 February 2008, in the Traffic Colony, Kalibari and New Colony areas adjacent to the Guwahati Railway station in Guwahati, within the state of Assam, thousands of people were forcibly evicted by the Guwahati police as a result of orders from the North-eastern Frontier Railways for "security measures", as well as to help give employees a "better living atmosphere". Although residents of the evicted communities had been living in the area for 40 to 50 years and had adamantly protested their forced removal, the eviction went ahead.

Community members also noted around 50 students were in the middle of examinations.

Following the evictions, the community filed a writ petition in the Guwahati High Court against the eviction. Notice was said to have been given on 10 January, though it was not fully circulated at that time, and was again given on the 22 February, leading to protests the following day.375 On 21 June 2008, in Uzan Bazar, Guwahati, in the state of Assam, 70 families were evicted by the Guwahati Metropolitan Development Authority (GMDA) in order to "pave the way for a project to beautify the riverfront and turn it into a vibrant place with recreational facilities".

The district administration stated that the families were occupying the space illegally. The poor

371 The Hindu, CPI demands compensation for evicted residents, 18 October 2007 372 DNA News and Analysis, 350 Hutments demolished, 19 October 2007 373 Asian News International, Coimbatore civic authorities begins demolition drive, 23 October 2007 374 Hindustan Times, 450 Tribal Families Evicted from Government Land in Tripura, 26 February 2008; and United News of India, Police evicted illegal tribal occupants from Agartala, 26 February 2008, http://news.oneindia.mobi/2008/02/26/566762.html 375 The Assam Times, Eviction drive by railway authority at Kalibari, 26 February 2008, http://publication.samachar.com/pub_article.php?id=1389805; and Assam Tribune, Mahanagar Uunayan Samity Protests Eviction by District Administration, 17 April 2008

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labourers and daily wage earners that made up the evicted communities stated that they did not receive any prior notice of the eviction drive.376 From May to July 2008, in Century Mills at Pandurang Budhar Marg, Mumbai, at least 30 households were evicted by bulldozers from the Brihanmumbai Municipal Corporation (BMC). Allegedly, the evictions were motivated by private corporations, including Reliance Mutual Funds. A woman who lived in the evicted community, alleged that the companies conducted the demolitions because they wanted "an entry" through a particular side of the road, which cut through the community's land. The community consisted of members of the Wagri community and of nomadic tribes who made their livelihoods by selling flower-garlands, and was said to have existed there for more than 25 years. Evictions began on 5 May. On that day a vehicle ran over residents, killing two individuals and injuring two others. Subsequent evictions took place on 5 June and 10 July, in the last of which 30 households were affected.377 On 24 July 2008, in Loni, Uttar Pradesh, a religious structure was demolished by the district administration, accompanied by the police. Three people were killed and dozens injured, including police, in ensuing protests. The police alleged that the structure had been built to prevent the eviction of “encroachers” on state-owned land.378 In December 2008, in the city of Hyderabad, 95 families were evicted by the police. The demolition took place at 4 am. Notice had been given many months earlier but there was no indication of the imminent eviction. The area had been “de-notified” as a registered slum in April by the city government, allegedly to make way for an office for the ruling Congress party.379 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Indonesia The vast majority of the urban poor living in Jakarta do not have secure tenure – in fact, the Government has not officially registered most of the land on which they live. Until recently, most residents have had a small measure of security – as many have lived on sites for decades without contestation, many have paid local officials for permission to live at sites, and many have paid land taxes and have received various government utility services. However, demolition drives are frequent. Government officials often try to justify forced evictions by arguing that the City of Jakarta has pledged to increase to 30 per cent the amount of green space in the capital. Other evictions took place where land was wanted by private developers.

376 Hindustan Times, Eviction Drive Launched in City Riverfront Area, 21 June 2008 377 Times of India, 30 hutments demolished at Lower Parel, 15 July 2008, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&login=default&Enter=true&Skin=TOI&GZ =T&AW=1215849709390; and Intercultural Resources, Demolitions along Pandurang Budkar Marg,10 July 2008, www.icrindia.org/?p=155; and email correspondence to COHRE, Another round of demolitions in Mumbai, 10 July 2008 and 12 July 2008 378 Thaindian News, Three killed in firing in eviction drive, 25 July 2008, http://www.thaindian.com/newsportal/uncategorized/three-killed-in-firing-in-eviction-drivelead_10075622.html; and ibid, Tension prevails in Loni after violence over eviction drive, 25 July 2008, http://www.thaindian.com/newsportal/uncategorized/tension-prevails-in-loni-after-violence-over-evictiondrive_10075955.html 379 Email correspondence to COHRE, Condemn Bhaimrao wasa Slum Evictions, 28 December 2008

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Authorities frequently fail to follow due process and evictees are left without shelter, compensation, or a remedy.

In rural areas, development pressures from extractive industries, logging and tourism often cause forced evictions, whether by force or by rendering the area uninhabitable and thereby causing displacement.

2007 On 25 January 2007, in Rawabebek overpass in Kalijodo, North Jakarta, 2,000 people were evicted by local Government authorities along with the local police and public order officials, on the grounds that the area under the overpass should be vacant. Hence their settlement was allegedly illegal. They were forced to live in makeshift tents.380 On 1 February 2007, along the Senen-Jatinegara railway track in Senen, Central Jakarta, 850 houses were demolished by the State Rail Authority PT KA and the Central Jakarta Public Order Agency on the grounds that they were an â&#x20AC;&#x153;illegal settlementâ&#x20AC;? obstructing the rail network. The people had been previously evicted in 2001, but had re-built their houses on the same spot less than a month after the eviction. After the second eviction they were forced to live under blue plastic tents, despite heavy rains.381 In September 2007, in Pondok Pinang-Serpong, Jakarta, residents were evicted by the state owned company PT Jasa Marga for the Pondok Pinang-Serpong tollway. The residents reported that the land was ostensibly purchased by Jasa Marga for the turnpike project in 1997 but that they never received the money for the land. In response to protests the Government promised to resolve the dispute.382 Between 3 and 5 October 2007, in Pulomas, Jakarta, 47 apartment buildings were demolished at the instigation of the development company PT Pulomas Jaya. The demolition was carried out by police. Pulomas Jaya is seeking to re-develop the site with more apartments as well as a swimming pool and a shopping centre. In 2004, P T Pulomas Jaya raised the rent on the apartments and then tried to evict those that refused to pay. Then in June 2006, the developers issued notices to tenants that they could no longer rent apartments there. The tenants refused to comply and took legal action to uphold their rental rights. Tenants have argued that the alternative accommodation on offer is too far away. Both police and residents were injured in clashes during the eviction.383 2008 On 10 February 2008, police officers in Rawasari, Cempaka Putih district in Central Jakarta demolished 57 houses. According to reports received from civil society and the media, the Central Jakarta City Council did not involve affected families and vendors in consultations or discussions prior to their eviction. Instead, affected persons were given only one month to vacate their homes and kiosks and were not provided with fair compensation or an adequate relocation plan by the City. According to the affected persons, the Central Jakarta City Council promised 2 x 2 metre kiosks for vendors in Johor Baru and Kampong Waduk Melati and between Rp. 5 million (US$ 526) and Rp. 10 million per affected family in compensation.

However, vendors complained that the area allocated for the kiosks was too small and they

380 The Jakarta Post, Indonesia-Officers caught in 'zero tolerance' backlash, 27 January 2007; and ibid, Evictions coincide with torrential rain, 2 February 2007 381 The Jakarta Post, Evictions coincide with torrential rain, 2 February 2007 382 The Jakarta Post, Residents lift tollway blockade, insist on compensation for land, 8 September 2007; and ibid, Residents stop traffic with all-day blockade, 7 September 2007 383 The Jakarta Post, Pulomas residents forced from homes, 5 October 2007

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required at least 4 x 6 metre kiosks. The compensation for families was also insufficient and residents said that they deserved at least Rp. 50 million as many of them have been living there for over 20 years.384 On 30 April 2008, in Rampoa, Tangerang Regency, Banten province, the homes of 35 families were demolished by the local Governor, in exercise of authority to stop unauthorised use of land. A private person had claimed ownership over the land, though the claimant died before the forced eviction; Government officials also stated that the eviction was in line with a river and lake revitalisation programme. The community alleged that the primary interest is that of a private developer adjacent to the area. Most of the community continued to live in their partly demolished homes and planned to resist further evictions and the seizure of the land.385 In July 2008, in Jakarta, 1,200 students were evicted from their campus and dormitories following a clash between students and residents of adjacent neighborhood Kampung Pulo.

The altercation began when residents accused a student of stealing from a resident's house.

The school's female and male dormitories were heavily damaged and at least 21 residents and students were injured during the confrontation and subsequent evacuation. The students were relocated to a campsite at first, and the female students were offered accommodation in West Jakarta. They argued that the new accommodation is too far away from their campus in East Jakarta.386 On 29 July 2008, in Lembah Harapan, Pondok Aren District, Tangerang Regency, Banten Province, West Java, 79 families were evicted by the Satpol PP (a unit of the regency responsible for enforcement at regency level) of the Bupati (Regent) of Tangerang, the Ministry of Foreign Affairs and the National Police. Ownership over the land is claimed by the Upakara foundation. Most of those evicted are daily wage labourers, working as scrap metal collectors, builders, kuli workers, drivers, street vendors, etc. Upakara is a foundation for the welfare of staff of the Ministry of Foreign Affairs. Community members said they had never seen any sign that Upakara owned the land. Upakara claims to have bought the land from a private owner around 1970. The land was then divided into plots and sold to ministry staff. In 2005, Upakara brought a court claim, saying that the foundation owned the land. As defendants, Upakara named the ministry staff who had bought the land from Upakara. In support of its claim, Upakara brought letters from all defendants, saying that they laid no claim to the land, and that the court should decide as it saw fit. The defendants never appeared in court, and the court ruled in favour of Upakara. The judgement was never accompanied by an executable court order. After the judgement, residents received a letter from the Bupati, telling them to vacate the land. This was the first time the residents heard of the court case, and the ownership claim by Upakara. The community say they were offered a relocation deal where they would be able to buy pieces of land for Rp. 100 - 150,000 per month over a period of five years (150,000 x 12 x 5 = Rp. 9,000,000 = approximately USD 1,000). However, based on the average family income, the families would not be able to afford this. Before the forced evictions was implemented, residents were threatened and intimidated.387 In August 2008, in Jakarta, 14,000 families were evicted by the Jakarta city housing agency, Jakarta city administration and the Public Works Ministry, along with the private companies 384

COHRE protest letter, 26 February 2008, AP_Indonesia_Rawasiri_26Feb08 385 COHRE field notes; and COHRE protest letter, 8 July 2008, AP_IE_Indonesia_SetuAntap_8Jul08; and The Jakarta Post, Setu Antap locals evicted from homes, 17 July 2008; and ibid, Int'l NGOs condemn forced evictions, 17 July 2008 386 The Jakarta Post, Setia refuses shelter in West Jakarta, 18 August 2008, http://www.thejakartapost.com/news/2008/08/18/setia-refuses-shelter-west-jakarta.html 387 COHRE field notes, 8 August 2008; and COHRE protest letter, 25 August 2008, AP_IE_Indonesia_LembahHarapan_25Aug08

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PT Jasa Marga and PT Citra Marga Nusaphala Persada (CMNP). Government officials argued that the families posed a risk to the toll roads, based on a fire that occurred under a toll road in August 2007 which damaged the toll road. The companies supplied some compensation, and it was claimed that the families were relocated to low cost housing in other areas.388 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Iraq The ongoing war in Iraq has led to massive displacement through armed conflicts and sectarian violence. Many Iraqis have fled the country entirely, while the major cities have seen massive displacement and isolation of communities in ethnic enclaves. Connivance by official agencies is also reported. For instance, in March 2007, in a Shiite neighborhood of western Baghdad, a family was evicted by employees of the Iraqi Finance Ministry. Ms. Saadoun's home was one of 80 or so in the area that had belonged to the Government before the American invasion of March 2003. Ms. Saadoun, a Sunni Arab, bought the home in the summer of 2003 by paying $10,000 to squatters there. She was threatened on 27 March with eviction by two men, who were subsequently detained by US troops and Kurdish soldiers, and who claimed to be from the Finance Ministry. On 28 March, she was shot dead. The Ministry subsequently fired an employee in whose name the house had been originally allotted.389 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Israel Forced evictions, primarily directed against Palestinians, are not a feature of the occupied Palestinian territory alone. In Israel, forced evictions primarily affect Bedouin communities living in so-called “unrecognised” villages in the Negev desert. The villages became “unrecognised” through the retroactive application of the 1965 Planning and Construction Law. Due to this law, residents of “unrecognised” villages cannot obtain licenses to build any structures and cannot be connected to any basic services or facilities such as water, sewerage, electricity or telephone networks. The villages are subject to widespread forced evictions and demolitions. Some villages have been demolished over a dozen times.

For instance, in the summer of 2008, in the Negev, in several “unrecognised” villages, 12,000 people were evicted by the Government on the basis that homes and other structures had been built without planning permission.390 In a similar incident on 30 October, the villages of Hashem Zaneh and Twail abu Jarwal were also evicted.391

388 The Jakarta Post, Government to evict squatters from turnpikes, 6 August 2008 389 The New York Times, The Struggle for Iraq - Iraq Ministry Fires Worker For Illegal Eviction Attempt, 28 May 2007 390 Regional Council of the Unrecognized Villages in the Negev (RCUV), Summer Up, Home Demolitions in the Unrecognized Bedouin Villages in the Israeli Negev, 7 September 2008

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On 15 December 2008, the entire Bedouin settlement of Abdallah al-Atrash was demolished, displacing 20 families. The demolition took place at 5 in the morning, involving more than 200 police personnel. No compensation or relocation was provided. Notice had been given four days earlier.392 Finally, on 25 December 2008, in the Bedouin settlement of Wadi Al Na'am in the Negev, three households and a mosque were demolished.393 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Occupied Palestinian territory Forced evictions in the form of administrative and punitive home demolitions are frequent in areas of occupied Palestine where Israel retains control over the planning and building sphere.

In the West Bank and East Jerusalem, Israel frequently violates the right to adequate housing through evictions and home demolitions.

In the West Bank, Israel maintains effective control over the planning and building sphere in Area C, comprising 60 per cent of the territory. Virtually all applications for building permits

by Palestinians are denied by Israeli authorities, thus forcing people to build “illegally”, and rendering their homes prone to administrative demolition orders for violation of construction codes. Planning in these areas is regulated by the 1966 Jordanian Planning Law. Virtually any construction requires a permit, which may only be given in line with an approved planning scheme. In Area C, permits are issues by the ICA. In addition, the ICA created Special Partial Outline Plans (that do not exist under the Jordanian law), outside of which construction is practically prohibited. Inside the boundaries of the Plan areas, residential zones are allocated, including permissible density. However, these Plans do not allocate space for public buildings and areas and often do not provide suitable planning solutions for roads. As of April 2008, only a minority of Palestinian communities located entirely in Area C had Plans. Any construction in Area C outside of an approved Plan is subject to the Mandatory Regional Outline Plans approved by the British Mandate government in the 1940s. These are the only plans legally in force for West Bank areas without more recent plans (i.e. Special Outline Plans). However, they are completely inadequate to deal with current planning needs as they designate most of Area C as an agricultural zone. According to information supplied to the Knesset, between 2000 and 2007, over 94 per cent of Palestinian applications for building permits in Area C were denied. Ministry of Defence statistics indicate that for each permit allowing Palestinian construction, 18 other buildings are destroyed and 55 demolition orders are issued for structures in Area C. Between January 2000 and September 2007, close to 5,000 demolition orders were issued and more than 1,600 Palestinian buildings demolished (over 30 per cent of total orders).394 Likewise, in occupied East Jerusalem, selective application of town planning means that either no town plans exist for Palestinian areas, or plans designate land as “open space” or “green areas” that do not allow for built up areas. Palestinian residents of East Jerusalem are therefore 391 Email correspondence from Regional Council of the Unrecognized Villages in the Negev (RCUV), 30 October 2008 392 Email correspondence from Regional Council of the Unrecognized Villages in the Negev (RCUV), Entire Bedouin Village demolished, 15 December 2008 393 COHRE statement, COHRE condemns threatened demolition of housing and mosque in Israel , 8 September 2008 394 OCHA Special Focus occupied Palestinian territory, "Lack of Permit" Demolitions and Resultant Displacement in Area C, May 2008, http://www.ochaopt.org/?module=displaysection&section_id=14&static=0&format=html

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unable to obtain construction permits and forced to build illegally in order to alleviate to an extent the crowded living conditions prevalent in East Jerusalem. In addition, punitive home demolitions are used by which the homes of perpetrators of terrorist attacks are demolished or otherwise rendered uninhabitable in violation of the prohibition of collective punishment.

2008 Between January and April 2008, in various towns and villages, including Jericho, Ramallah, Tubas, Nablus, Qalqiliya, Hebron and Jordan valley locales of â&#x20AC;&#x153;Area Câ&#x20AC;? of the West Bank â&#x20AC;&#x201C; where the Israeli Government retains control over building and planning permissions - 435 people were evicted by the Israeli Civil Administration (ICA). As per data collected by the UN Office for Coordination of Humanitarian Assistance (OCHA), 208 Palestinian owned structures were demolished, 61 of them residential, displacing 435 people, including 135 children.

On 29 October 2008, in Hebron governorate, 45 people were evicted by the Israeli Defence Force. Six residential structures and one animal shelter were demolished. Contracted workers removed furniture from the residential structures prior to the demolitions, but many of these items were damaged as a result of the move. The United Nations Reliefs and Works Agency (UNRWA) provided kitchen kits and blankets and the International Committee of the Red Cross (ICRC) distributed tents, basic food, and other kitchen items to those displaced. Six of the seven demolished structures had received a notice.395 On 30 October 2008, in Ramallah governorate, Mughayir al Dir, 97 people, including 41 children, were evicted by the Israeli Defence Force. Israeli authorities stated that the community had to relocate because they live in a closed military area, though it had been residing there for more than two decades. Israeli military personnel demolished approximately 36 structures. Notice was given to some households some weeks earlier but no compensation or resettlement was provided.396 On 16 December 2008, in East Jerusalem, a protest tent put up by Um Kamel al Kurd was demolished by the Israeli authorities for the third time.397 Kazakhstan Religious minorities are regularly oppressed in Kazakhstan. In January 2008, President Nazarbaev attacked religious minorities as a threat to national security and values, alleging that thousands of missionaries and extremists were threatening the fabric of society. Harassment of non-traditional groups such as the Hare Krishna community by law enforcement officials increased.398 The case below illustrates the impact on one particular community.

2007 In November 2007, in Almaty, part of a colony built by the Hare Krishna movement was demolished. The authorities accused the movement of illegal land ownership, though Hare Krishna says it had applied several times to register its homes but the applications were turned down. The authorities plan to build a kindergarten on the site of the Hare Krishna settlement.

The authorities had offered the Hare Krishna members an alternative plot of land in a remote

395 Email correspondence UN OCHA Displacement Working Group, 29 October 2008 396 UN OCHA Field Report, Evacuation Orders and Demolitions in Mughayir al Dir, Ramallah Governorate, 30 October 2008 397 Email correspondence UN OCHA Displacement Working Group, 16 December 2008 398 Amnesty International Report 2009, Kazakhstan, available at http://thereport.amnesty.org/en/regions/europe-central-asia/kazakstan

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area, with which they rejected as inappropriate, since their existing farm had 47.7 hectares of land and they were being offered an allotment of just two hectares.399 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Kyrgyzstan 2007 On 5 September 2007, in Sokuluk district, Novo-Pavlovka village, on the outskirts of Bishkek, 100 households were evicted by local authorities. The authorities claim that the land was illegally seized in June and the squatters have no right to be there. Roughly 70 per cent of the houses had been completed after the land was taken over in June. The structures were bulldozed, with owners given a few days to dismantle their homes. No conflict was reported between the squatters and the police.400 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Malaysia Malaysian authorities often invoke emergency legislation to forcibly evict urban poor settlements in the interest of private developers, as in the following case.

2008 On 20 August 2008, in Kampung Chupadak, Sentul, 60 families were evicted by the police and a private developer, Sentul Murni Sdn Bhd, who wishes to develop the land. The villagers were asked to leave prior to any alternative being granted. Three villagers were arrested.401 ICESCR: No

CEDAW: Yes

ICCPR: No

CRC: Yes

OP 1 – ICCPR: No

CERD: No

CAT: No

Nepal Though this period saw a revolution that resulted in the overthrow of the monarchy and the institutionalisation of a republican system, Nepal continues to have an unequal society in which social discrimination – resistance to which is one of the driving forces of the democratic movement – remains common. For instance, on 2 June 2008, in Siraha District, Sisbani, a Dalit (formerly 'untouchable') family was evicted by members of a higher caste after a decision by an extrajudicial village caste jury. The local authorities and the police reportedly ignored the complaint of the evicted family. The eviction was apparently triggered by the elopement of the 399 Reuters, Kazakh Hare Krishna followers fear eviction, 21 March 2007 400 AKI Press, Authorities demolish more than 100 buildings erected by squatters, 5 September 2007; BBC Monitoring Central Asia, Kyrgyz authorities demolish squatters' huts, 5 September 2007 401 Email correspondence from SUARAM Malaysia, 21 August 2008

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son of the Dalit family with a woman of caste Hindu origin. The family was first fined by the village, and then forced to leave.402 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

Pakistan As in Bangladesh and India, Pakistan's land laws permit forced evictions in the absence of a court order. The intense social, political and armed conflicts in this period have only led to further displacement and violence. These are some illustrative cases.

2007 On 5 May 2007, in Thar District, 50 minority Hindu families were evicted by the police, allegedly on the orders of the Sindh Chief Minister. Apparently the families were living near the venue of General Musharraf's 5 May public meeting in Naukot.403 On 17 May 2007, in Balochistan province, 70 shops and 3 houses were demolished in Katchagiri Afghan refugee camp, earmarked for closure. The shops, some of which belonged to Afghans and some of which were owned by Pakistanis, were razed after the owners were issued with written notices of eviction. No alternative was given. In addition, at least three Afghan refugees were killed and 10 others injured during clashes between the Pakistani authorities and residents of the Jungle Pir Alizai refugee camp, 62km west of Quetta.404 In September 2007, in Chauntra Village, Sector E-9, Islamabad, 200 families were evicted by the Capital Development Authority (CDA). No notice or compensation was given, and houses were bulldozed with household goods and valuables still inside.The residents protested the demolition, blocking a roadway. Police undertook to organise a meeting between the residents and the CDA to reach a solution.405 On 3 October 2007, in Juma Kalmati Goth, Ibrahim Hyderi town, Karachi, 300 families were evicted by the police and an armed gang. The motive of the demolition is believed to be the acquisition of the land, which is in a prime position in the city of Karachi. In protests against the demolition, one man was shot dead by the armed gunmen and 10 were injured. The eviction was allegedly done with the connivance of the ruling party; demolitions were halted but no investigation took place.406 2008 On 5 July 2008, in an area near New Saeedabad, Matiari District, Sindh province, 19,000 people were displaced as a result of a breach in the Rohri canal, allegedly due to negligence by

402 Asian Human Rights Commission (AHRC), Urgent Action Appeal, 17 July 2008, http://www.ahrchk.net/ua/support.php?ua=uac-162-2008 403 Asian News International, 50 minority Hindu families uprooted for Musharraf rally, 6 May 2007 404 Pakistan Press International Information Services, UNHCR appeals for calm after refugee camp violence, 18 May 2007 405 The Daily Times, Demolition of houses protested, 23 September 2007, http://www.dailytimes.com.pk/default.asp?page=20070923story_23-9-2007_pg11_6 406 Pakistan Press International Information Services, Asian Human Rights Commission condemns demolition of old village, killing of a man in Karachi, 11 October 2007

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the Ministry of Irrigation. Over 300 houses were reportedly destroyed and up to 720 houses sustained damage. It was reported that the local government provided no assistance.407 From June to July 2008, in Parachinar town and surrounding areas in the North-West Frontier Province, 55,000 Shi'ite Muslims fled feared persecution by Taliban forces, following ethnic violence in November 2007 and rising tensions and threats in the area. The Taliban also later attacked a Government relief convoy. Displaced persons accused the Government and the army of indifference to their plight. Many lost their crops and homes and were reduced to destitution.408 From July to August 2008, in Balochistan, 20,000 people fled their homes during military operations by the Pakistan Army. More than 100 people were killed. This happened despite a promise given by the Government in May 2008 that no more military operations would be carried out before the formulation of a strategy for law and order in the province.409 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

Papua New Guinea Forced evictions are frequent in the context of mining, as well as in urban poor communities and due to ongoing difficulties between Papua New Guinea and Indonesia along the border.

In this context, police brutality as well as non-adherence to procedural and substantive safeguards against forced evictions is often reported.

2007 On 22 September 2007, at the 8 Mile Settlement in Port Morseby, 1,000 people were evicted by the police. Many of the estimated 1,000 evictees are reportedly refugees from West Papua, who settled in the area after fleeing their homes in fear of persecution by Indonesian authorities almost 20 years ago. A court had adjourned hearing on the eviction after a notice had been issued to remove the settlers from the land. Police used bush knives and a tractor with a backhoe to flatten trees and banana trees that the settlers relied on for survival. The refugees subsequently camped outside the offices of the United Nations High Commissioner for Refugees and requested that they be sent to a third country, rather than repatriated back to Indonesia.410 2008 On 8 July 2008, in Kwara village, Western Province, 100 people were driven from their homes by a platoon of Indonesian soldiers that had reportedly crossed the border. South Fly police commander Inspector Peter Philip said that the soldiers crossed the border in search of a local official with whom they had had an altercation earlier, and during their incursion destroyed 10 407 Asian Human Rights Commission (AHRC), Urgent Appeals Programme, Pakistan: Thousands of peasants suffered through negligence of Sindh government, 16 July 2008, http://www.ahrchk.net/ua/support.php?ua=uag-010-2008 408 International Herald Tribune, Shiites Flee Neighborhood in Pakistan after Taliban Siege, printed in Cambodia Daily on 29 July 2008.

409 Asian Human Rights Commissing (AHRC), Urgent Appeal General: AHRC-UAG-011-2008, 26 August 2008, http://www.ahrchk.net/ua/support.php?ua=uag-011-2008 410 PNG Post Courier, Settlement Raided, 24 September 2007, http://www.postcourier.com.pg/20070924/tuhome.htm; and ibid, Send us to third Country: refugees, 25 September 2007, http://www.postcourier.com.pg/20070925/tuhome.htm

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houses. The National Executive Council instructed the Foreign Affairs Minister to protest strongly to the Indonesian government over incursions by its troops.411 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Philippines Although housing rights are protected legally both by the Philippines Constitution and the Urban Development and Housing Act of 1992 (UDHA), forced evictions in the name of ‘beautification’ and ‘development’ remain a regular human rights problem.

2007 On 6 July 2007, in Little Vietnam, Quiapo, Manila, 200 households were evicted by the new mayor, who justified the demolition saying the community is known as a haven for criminals and drug pushers.412 On 27 February 2007, in Paco, 54 families living under the San Andres Bridge 1 along South Super Highway, Manila, were evicted by Metro Manila Development Authority (MMDA) and the Department of Public Works and Highways (DPWH) as part of the beautification program "Metro Gwapo" and for bridge repairs. The settlers included 54 families who have lived for more than 14 years in the area. Subsequent negotiations led to a commitment by the Government to resettle the residents of the area.413 On 5 July 2007, 70 families were forcibly evicted by the Manila Metropolitan Development Agency (MMDA). The cleared land was to be used as a terminal for FX taxis, cars, for the Metro Rail Transit System (MRT) and Trinoma and other establishments in the area. MMDA officials claimed the people had been living on Government land for twenty years without paying anything to the Government and should therefore not expect to get anything from the Government. An MMDA official visited the houses the day before the demolition and told the residents they would be evicted the next day. They did not receive relocation or compensation.

414

On 30 July 2007, in Manggahan Floodway, Brngy Sta Lucia, Pasig City 30 houses were demolished by the Manila Metropolitan Development Agency (MMDA) on the grounds that they had extended into the river.415 On 1 August 2007, in Culiat Bridge, Mindanao Avenue Barangay Pag-asa, Quezon City, 30 families were evicted by the Manila Metropolitan Development Agency (MMDA) Sidewalk Clearing Operations Group. The chief of the agency's Flood Control and Sewerage Management Department, said he ordered the removal of the squatters under the Culiat Bridge on Mindanao Avenue to prevent floods.416

411 National PNG, Indonesians raid village, 18 July 2008 412 Urban Poor Associates (UPA) Manila, Demolition Monitor 2007, entry 6 July 2007 413 Philippines Daily Inquirer, MMDA vs Manila urban poor land dispute case to be heard, 19 January 2007 414 Urban Poor Associates (UPA) Manila, Demolition Monitor 2007, entry 5 July 2007 415 Ibid, entry 30 July 2007 416 Ibid, entry 1 August 2007

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On 3 August 2007, in San Roque, EDSA Bagong Pag-asa, Quezon City, 10 families were evicted by the Manila Metropolitan Development Agency (MMDA) as part of general “cleanup” operation. No notice, compensation or resettlement was given.417 On 9 August 2007, in Marytown Compound, Shoppersville, Katipunan Avenue Quezon City, 4 families were evicted by The Manila Metropolitan Development Agency (MMDA) for clearing of the road. Some families say they had resided there for 30 years. The affected families did not receive prior notice, neither did they receive relocation. A congressman says he will help them find a relocation site, possibly in Bulacan.418 On 16 August 2007, in Main Avenue, 3rd Street, Quezon City, 50 houses were demolished by the Manila Metropolitan Development Agency (MMDA) as part of creek clearing operations.

Many of those affected had lived there for five to ten years. The MMDA claimed “obstructions” along canals, creeks and rivers can be removed summarily, without court orders, as long as they are deemed situated within the "danger zones". The authority said encroachments on waterways are the main causes of the sudden rise of floodwaters in several areas of the metropolis419.

On 19 August 2007, in Buendia Bridge, Estero Tripa de Gallina, Pasay City and in Makati, Pasay City, 115 families were evicted by Manila Metropolitan Development Agency (MMDA) as part of a cleanup of rivers/canals. Some 65 families living under the Buendia Bridge and along the estero on the Makati side were evicted while some 50 families were evicted on the Pasay side. They did not receive demolition notices and were not consulted. More than 100 demolition personnel were involved and some 20 policemen provided armed escort. MMDA did not provide relocation and told the people to ask the mayor for it. 420 On 21 September 2007, in Litex, Barangay Commonwealth Avenue Quezon City, 400 families were evicted by the Manila Metropolitan Development Agency (MMDA) as part of road widening operations. The demolition operations continued even when it rained. Of the 300 families evicted, 100 families were residing on private land being claimed by a certain Chua.

Resettlement sites were offered, but there were legal questions regarding their status and the space was insufficient for all those evicted.421 On 3 October 2007, in Everlasting St., Barangay Cupang, Antipolo, 20 families were evicted by demolition crews acting under a court sheriff. The court subsequently issued a restraining order.422 On 8 October 2007, in Zuzuarige, Commonwealth Avenue, Barangay Holy Spirit, Quezon City, 10 houses were evicted by the Manila Metropolitan Development Agency (MMDA) as part of the MMDA's road expansion program. 423 On 11 October 2007, in Bicutan PNR Station, Paranaque, 40 families were evicted by the Manila Metropolitan Development Agency (MMDA) for the Southrail project. The residents had already seen their houses demolished in 2004, but since they were not offered relocation,

417 Ibid, entry 3 August 2007 418 Ibid, entry 9 August 2007 419 Ibid, entry 16 August 2007 420 Ibid, entry 19 August 2007 421 Ibid, entry 21 September 2007 422 Ibid, entry 3 October 2007 423 Ibid, entry 8 October 2007

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they decided to rebuild their houses. They did not receive prior demolition notice and were not consulted. They did not receive any resettlement.424 On 18 October 2007, in Barangay 43, Zone 6, Pasay City Estero Tripa de Gallina, Pasay City, 148 families were evicted by Manila Metropolitan Development Agency (MMDA) as part of a cleanup of the creek's danger zone and flood control. The families had occupied the area after a fire on 19 November 1991. The residents did not receive written notices, and no consultations were held. The demolition caught the residents by surprise because the residents believed the MMDA would observe a one month demolition moratorium based on earlier Senate hearings. The demolition operation was carried out even when there were still residents inside their houses, as a result of which a number of children were hurt. Four policemen provided armed escort. The demolition crews threw the housing materials into the creek.425 On 25 October 2007, in Creekside, Kasunduan, Barangay, Commonwealth Avenue, Quezon City, 30 families were evicted by the Manila Metropolitan Development Agency (MMDA) as part of a canal cleanup operation and for flood control. The MMDA demolished the houses of some 30 families living along the canal. They began building their structures in 2005. They did not receive demolition notices and were not consulted. A number of evictees were forced to stay in a covered basketball court.426 2008 On 8 January 2008, in Estero de Paco, Manila, 85 families were evicted by the Metro Manila Development Authority, apparently as they were on land that was privately claimed. 427 On 9 January 2008, in Quezon City, Manila, 350 houses were evicted by the Quezon City Engineer's office. The land is privately claimed and authorities claimed the building code had been violated.428 Also on 9 January 2008, in Quezon City, Manila, 50 families were evicted by local authorities in order to make space for the extension of a public school.429 On 11 January 2008, in Baclaran, Manila, 300 families were evicted by the Metro Manila Development Authority. The eviction took place during and after a fire as an â&#x20AC;&#x153;emergency measureâ&#x20AC;?. Authorities said the communities blocked the fire trucks and this was one of the causes why the fire could not be put down faster. Many families said they had been living there for decades. They did not receive relocation.430 On 15 January 2008, in Caloocan City, nine families were evicted by a court sheriff as the land was privately claimed. The families were not given the 30 day notice required by national law, nor were they provided relocation. 431 On 16 January 2008, in Quezon City, Manila, 100 families were evicted by the Metro Manila Development Authority. Those affected claim they have title to the land and that they and their parents had been residing there for decades.432

424 Ibid, entry 11 October 2007 425 Ibid, entry 18 October 2007 426 Ibid, entry 25 October 2008 427 Ibid, Demolition Monitor 2008, entry 8 Jan 2008 428 Urban Poor Associates (UPA) Manila, Philippines Demolition Monitor Jan-Nov 2008, entry 9 January 2008.

429 Ibid, entry 9 January 2008 430 Ibid, entry 11 January 2008 431 Ibid, entry 15 January 2008

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On 29 January 2008, in near Katipunan Village, Taguig, 600 families were evicted by the Armed Forces of the Philippines (AFP). The military claimed that the land belonged to them, while the families claimed that it was declared social housing land in 2001.433 On 4 February 2008, in Pasig City, Manila, 35 families were evicted by the Metro Manila Development Authority. The Government claimed it needed the land for the construction of a ferry terminal. Oral notice was given only to the chairman of the community 14 days prior to the demolition.434 Also on 4 February 2008, in Western Bicutan, Taguig, 800 families were evicted by the Armed Forces of the Philippines (AFP). The reasons and circumstances are unclear.435 On 19 February 2008, in Manila, 19 families were evicted by the National Highways Authority (NHA) as part of the implementation of the Northrail-Southrail Linkage project, a major infrastructure project to link two important railway lines. Relocation was apparently provided but did not include adequate alternative accommodation.436 On 26 March 2008, in Tondo, Manila, 144 families were evicted by the Metro Manila Development Authority and the National Highways Authority. Some of the families were affected by a clearing drive, while others were relocated in line with plans for the NorthrailSouthrail Linkage Project.437 On 14 and 28 April 2008, in Quezon City, Manila, 200 families were evicted by local authorities. For a time the demolition operation had been halted when people were able to get a temporary restraining order from the court.438 On 16 April 2008, in Quezon City, Manila, 12 families were evicted by the Metro Manila Development Authority. The reasons and circumstances were unclear.439 On 28 April 2008, in Quezon City, Manila, 186 families were evicted by the Metro Manila Development Authority as the land was claimed by the Tax Appeals Court. 78 families received relocation, but 108 were considered disqualified and only received some cash compensation.440 On 15 May 2008, in Quezon City, Manila, 200 families were evicted by the Metro Manila Development Authority. People were forced to shelter in a nearby empty lot.441 On 28 May 2008, in Manila, 147 families were evicted by local authorities. They were given seven days' notice. They had been previously evicted in 2007 during the election campaign period but did not receive relocation, as a result of which they returned and rebuilt their shanties.442

432 Ibid, entry 16 January 2008 433 Ibid, entry 29 January 2008 434 Ibid, entry 4 February 2008 435 Ibid, entry 4 February 2008 436 Ibid, entry 19 February 2008 437 Ibid, entry 26 March 2008 438 Ibid, entry 14 and 28 April 2008 439 Ibid, entry 16 April 2008 440 Ibid, entry 28 April 2008 441 Ibid, entry 15 May 2008 442 Ibid, entry 28 May 2008

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In June 2008, in Tondo, Manila, 10 families were evicted by the Metro Manila Development Authority. Their shanties were destroyed. The reason for the eviction was unclear.443 On 17 July 2008, in Manila, 500 families were evicted by Philippines National Railways, the NHA and the police, apparently as part of the Northrail-Southrail Linkage project.444 On 7 August 2008, in Paco, Manila, 70 families were evicted by a court sheriff as they owed back rentals to the land owner. The families are entitled to financial compensation or relocation under the law, but neither was provided.445 On 2 September 2008, in Makati City, Manila, 40 families were evicted by the Metro Manila Development Authority, Department of Public Works and Highways. The demolition was halted after an intervention by the local barangay chairman, some policemen and members of MAPSA (Manila Archdiocesan and Parochial Schools Association). 446 On 5 September 2008, in Quezon City, Manila, 200 families were evicted by the Metro Manila Development Authority. The land is claimed by a private person, and the Government also cited violations of the building code. The residents said they had been residing in the area for 15 years. They had earlier declined an offer of some money from the claimant to the land.447 On 19 September 2008, in Taguig City, 200 families were evicted by the Armed Forces of the Philippines (AFP). The military claimed that the land belongs to them, while these families also argued that they were protected by a Presidential proclamation declaring the area to be social housing land. One week's notice was given.448 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

Sri Lanka In 2007 and 2008, Sri Lanka has seen a dramatic resurgence in the decade old armed conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE), a separatist group. The war has led to large scale displacement in the North and East of the island, bringing with it much hardship and destruction of housing. The total number of persons affected by conflict displacement in 2007 and 2008 is difficult to determine, as continued and new displacement, as well as return movements, overlap. However, large parts of Sri Lankaâ&#x20AC;&#x2122;s Eastern and Northern areas have at times virtually been free of all inhabitants. It is estimated that, in early 2009, approximately 495,000 people remained displaced.449 Forced evictions in urban areas have occurred mainly in the context of tsunami displacement, where transitional shelters were closed before all residents could access adequate new housing, and to an extent under so called city beautification initiatives or purported public order and

443 Ibid, entry June 2008 444 Ibid, entry 17 July 2008 445 Ibid, entry 7 August 2008 446 Ibid, entry 2 September 2008 447 Ibid, entry 5 September 2008 448 Ibid, entry 19 September 2008 449 Internal Displacement Monitoring Centre, Sri Lanka country page, http://www.internaldisplacement.org/8025708F004CE90B/(httpCountries)/0BB9CBD990450F5F802570A7004C148F?OpenDocu ment, last accessed June 2009

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security campaigns in and around the capital Colombo. Where forced evictions do occur, they frequently happen in violation of human rights obligations and constitutional principles.

2008 From 18 to 20 July 2008, in Colombo 2, Kompannaweediya (Glennie Passage, Slave Island), 1,770 people were evicted by the Urban Development Authority, the Ministry of Defence and the police. The community was residing on state lands, though they had been living there for decades. The authorities cited both the fact that people were living on state land without authorisation, as well as “state security reasons”, as justifications for the eviction. The demolition took place despite a Supreme Court stay order issued on the same day. Some of the residents had earlier been offered relocation, which they found inadequate and rejected.450 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Thailand 2008 In June 2008, in Chiang Mai, 1,000 people were evicted by the police. Thai authorities claimed the evictees were Shan migrants/refugees from Myanmar and charged them with trespassing on Government land owned by the Agricultural Land Reform Office. The migrants believed they had bought the land and legally owned it. Notice appears to have been given.451 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

450 COHRE statement, COHRE calls for immediate stop to forced evictions in Colombo; and COHRE protest letter, 21 July 2008, AP_IE_SriLanka_001_GlenniePassage_PL_21Jul08 451 The Irrawaddy, Shan Migrants Urge Thai Authorities to Withdraw Trespassing Charges, 12 June 2008, http://www.irrawaddy.org/article.php?art_id=12688

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EUROPE Housing Rights crisis in Roma communities Most European countries are home to Roma communities. The Roma are a distinct ethnic group that first originated from the Indian sub-continent, and migrated towards Europe since the 11th century. Eastern and Southern European countries are home to the biggest Roma populations, and most Roma communities have lived in their respective countries for many generations. However, the Balkan wars and the break-up of former Yugoslavia forced many Roma to flee Eastern Europe.

Roma communities often belong to the poorest and most marginalized groups, with lower life expectancy, education and less access to services, including housing. Direct as well as indirect discrimination against Roma, both on the part of public authorities and the general public, is frequent in most European countries. As a result, many Roma communities live in informal settlements and have little or no access to the formal housing sector. In addition, Roma communities are traditionally travelling or nomadic communities, but many have exchanged the nomadic lifestyle for life in permanent camps. However, communities are often unable to find authorised campsites as authorities are unwilling to recognise peopleâ&#x20AC;&#x2122;s wish to maintain at least part of their nomadic culture. This leaves camps at an especially high risk of forced eviction.

The cases below give an indication of the extent to which Roma communities in several European countries are subject to forced eviction and the ensuing socio-economic impacts.

Greece In June and September 2007, according to Greek Helsinki Monitor, 135 Roma families were forcibly evicted, some twice in a few days, in Athens, Patras and Halkida.. Hundreds of Roma families are threatened with similar evictions in Greater Athens, Patras, Crete and Rhodes. A number of Roma in Athens and Patras are also apparently being prosecuted for infringements of law arising from their homelessness. Several Roma families in Greece also have to face expensive lawsuits from private individuals whose land they trespass on due to the persistent failure of the Greek state to provide them with housing or, at the very least, a relocation site where they would be safe from eviction.452 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

Italy An estimated 160,000 Roma reside in Italy, approximately 70,000 of whom hold Italian citizenship. Though the numbers are contested, it is estimated that more than half come from South Eastern Europe, the former Yugoslavia, Bulgaria or Romania. Between 2007 and 2009, Italian authorities regularly conducted forced evictions of Roma from their homes throughout the country. In many instances, affected individuals are neither provided with due process, nor with alternate accommodation and, in a number of instances, Romani victims of forced evictions have been expelled from Italy. In addition, the expulsion of Roma from Italy renders access to justice by victims in cases of abusive forced evictions effectively impossible.

452

Council of Europe, Information on Evictions collected by the Council of Europe Coordinator for Activities Concerning Roma from Roma Information Networks, pp 2 20 April 2008 http://www.coe.int/t/dg3/romatravellers/Coordinator/Coordinator%20Information%20on%20Evictions%20A pril%202008.pdf

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2007 On 14 February 2007, Italian police forcibly evicted 300 Romanian Roma from Rome’s Camp Tiburtina, according to osservAzione research. Local authorities did not provide alternative accommodation to any of the affected Roma.453 On February 20 2007, police forcibly evicted 150 Romanian Roma from Rome’s Camp Tor Pagnotta. Rome authorities reportedly offered temporary shelter to the affected women and children only.454 On 23 February 2007, Italian police forcibly evicted ten Romanian Romani families from Rome’s Camp Saxa Rubra. None of the families were provided with alternative accommodation.455 On 9 March 2007, police forcibly evicted 300 Romanian Roma from Rome’s Camp Villa Troili, according to osservAzione research. During the forced eviction, more than 100 homes were completely destroyed by Rome police. One hundred and twenty persons were transferred to the Rivere Camping ground, and 30 women and children were moved to temporary shelter.

The remaining 150 persons were provided with no alternative accommodation.456 On 20 April 2007, Italian police forcibly evicted 300 Romanian Roma from Rome’s Camp Oleificio Magliana without providing any adequate alternative accommodation.457 Since May 2007, instances of forced eviction of Roma in Italy rose new levels, and many of the often unauthorised “evictions” have been accompanied by the total destruction of property by executing officials. Many of the forced evictions and destruction of property have taken place in Rome, where the Mayor of Rome reported that 6,000 people were forcibly evicted between January and November 2007.458 On 24 May 2007, police forcibly evicted around 600 Roma from Rome’s Camp Tor Cervara.

Rome authorities reportedly offered temporary shelter to the affected women and children, which would effectively separate families. However, information gathered indicates that very few Romani women, if any, have accepted to be separated from their husbands, meaning that the entire family is rendered homeless.459 In May 2007 Italian police forcibly evicted 30 Romanian Romani families from the informal Camp Via Aldobrandeschi, destroying their caravan homes and personal possessions and leaving the families homeless. The affected women and children were offered accommodation in a temporary receiving house, which they accepted, while the men were forced to move into the nearby informal camp Sotto il ponte. The families, who are completely desperate, had decided to return to Romania for fear of living with constant eviction and destruction of their possessions. Prior to May 2007, the same families had been living in an authorised Camp Bellosguardo on Via di Villa Troili which was also demolished by police without clear

453 Written comments of the European Roma Rights Centre, COHRE, OsservAzione and Sucar Drom concerning Italy for consideration by the UN Committee on the Elimination of Racial Discrimination at its 72nd session, pp26 http://www.cohre.org/store/attachments/Italy%20CERD%202007%20FINAL%20OUT.pdf 454 Ibid 455 Ibid 456 Ibid 457 Ibid at 25 458 Ibid 459 Ibid

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explanation to the inhabitants. There were 48 families; 28 of them have been moved to two other authorised camps, the rest (about 100 persons) were left on their own.460 On 24-25 June 2007, police entered Camp Via del Foro Italico (no. 531) and destroyed the homes of about 200 Romanian Romani inhabitants.461 Earlier in July 2007, Italian police and other officials forcibly evicted approximately 100 Romanian Roma from a settlement in Bagno di Tivoli, near Rome. In the operation, residents’ personal properties and dwellings were destroyed.462 On 19 July 2007, Italian police and local officials, working in active cooperation with Romanian police, who were present at the site, forcibly evicted an estimated 1000 Roma mainly from Romania from their housing, destroying their belongings and leaving them without shelter.

The Roma families were living in settlement in Via dell’Imbarco, Magliana area of Rome.463 According to the national Italian news agency ANSA, between 28 and 30 August 2007, 110 Romanian Roma were forcibly evicted from a camp in Pavia. Immediately following the eviction, the displaced Roma were provided alternative accommodation in homes and abandoned houses in a nearby village. However, following violent outbursts by the local villagers, the Roma were returned to Pavia and placed in various houses. On 23 August 2007, 10 Romanian Roma were forcibly evicted from their mobile homes in Civitanova Marche and another 20 Romanian Roma were evicted from Perugia.464 On 5 September 2007, 200 Romanian Roma were evicted from Milan’s informal San Dionigi camp. Reportedly, no alternative accommodation was provided to the evicted Romani group, which included a number of minors. Another 22 Romani families were forcibly evicted from their homes in Milan’s Camp Via Triboniano. No adequate alternative accommodation was offered to the evicted Roma by Milan authorities. 465 On 25th November 2007 two Romani settlements in the Rome area were evicted. A number of the camps inhabitants were reportedly forcibly expelled from Italy; the rest were issued with expulsion orders and instructed to expel themselves; a further group of the Roma concerned were left homeless by the forced eviction.466 Additionally, on December 1, 2007, around 50-70 Romanian Romani women, men and children had been evicted from an unused former psychiatric hospital called “Frullone” in Naples. The Roma concerned were rendered homeless by the eviction.467

460

Ibid Ibid 462 Joint COHRE, European Roma Grassroorts Organisation and OsservAzione Protest Letter 14 August 2007, EU_IE_Italy_Roma_14Aug07 463 Ibid 464 Written comments of the European Roma Rights Centre, COHRE, OsservAzione and Sucar Drom concerning Italy for consideration by the UN Committee on the Elimination of Racial Discrimination at its 72nd session, pp 24 http://www.cohre.org/store/attachments/Italy%20CERD%202007%20FINAL%20OUT.pdf 465 Ibid 466 Ibid 467 Ibid 461

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2008 The Bacula Camp home to about about 600 Roma was forcibly evicted and the dwellings destroyed by the police reportedly at the beginning of 2008. During the police intervention, all personal belongings of the inhabitants were destroyed as well.468 In another case from Milan, in March 2008, the police evicted the inhabitants of the newly established camp in Bovisa and about 80 persons (ten families) fled to the Bacula settlement; the rest either returned to Romania or dispersed to other settlements. According to witnesses, the openly declared motivation of the evictions was to force the Roma to return to Romania.469 On 13 May an estimated 800 Romani were expelled from their homes by fire and physical violence from Ponticelli Camp near Naples. Though these raids and resulting evictions were spurred by accusations that a 16-year Roma girl attempted to kidnap an Italian baby, the site had previously been slated by the municipal council for eviction by the 4th of August in order to implement the Urban Rehabilitation Program. Many of those evicted returned to Romania or sought refuge in other Romani camps around Italy. All personal effects or property were abandoned in the camps they were forced to leave by night.470 In Rome alone, a reported 1,000 persons at least had had their homes destroyed and been expelled by Italian authorities in 2008. These include Roma living in Testaccio Romani camp and Camp Casilino.471 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

Slovakia 2007 In 2007, the Municipalities of Tornala, Kezmarok, Kosice, Kremnica and Nove Zamky (among others) forcibly evicted several Romani families. In August of this year, local Municipal officials forcibly evicted approximately 45 Roma from a block of flats in Kosice, and did not provide them with alternative housing. In September, local authorities evicted nearly 200 Roma from a block of flats in Nove Zamky. Since July 2007, over 200 Roma have been evicted from their homes in Tornala. In October 2007 about 26 people were illegally brutally evicted in Kremnica by a member of private detective company (SBS).472 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

468

COHRE collective complaint against the Italian Republic in the Council of Europe, 28 May 2009 pp 31 Ibid 470 Ibid 471 Ibid at 32 472 COHRE letter to Prime Minister of Slovak Republic on being awarded the Housing Rights Violator Award, December 2007 469

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Spain 2007 In October 2007 local authorities in Madrid with the help of police personel carried out the court-ordered eviction of residents of the Canada Real Galiana settlement, home to several thousand Moroccan and Romanian immigrants. Over 25 homes were demolished without the provision of adequate alternative accommodation for evicted residents. Furthermore, authorities reportedly carried out demolitions without providing time to allow all residents to retrieve their personal possessions. Police personel used violence including plastic bullets and teargas, against residents of Canada Real who were protesting the further bulldozing of their dwellings during an 18 October eviction attempt. Among those injured was a pregnant woman.473 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Turkey Turkish authorities are currently implementing a reconstruction plan for the historic neighbourhood of Sulukule in Istanbul. The reconstruction efforts involve the demolition of the current neighbourhood, home to more than 3000 Roma. The newly built structures will be too costly for the Roma people. House demolition as a part of the reconstruction efforts began in 2007.

2007 In October 2007, 21 buildings in the Sulukule neighbourhood were demolished thus forcing 280-320 persons to find alternative housing for themselves.474 2008 In February 2008, the Fatih municipality destroyed 49 houses in Sulukule. The Municipality sent notices to house owners in February to empty the houses by the end of March. In the notice there was no mention about renter’s rights; house owners were asked to remove the renters, otherwise they will lose their right to obtain an apartment in the project. Some house owners responded by stopping electricity and water to the renter’s apartments, in an effort to force them move.475 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

473

COHRE protest letter, 23 October 2007 Council of Europe, Information on Evictions collected by the Council of Europe Coordinator for Activities Concerning Roma from Roma Information Networks, pp 9 20 April 2008 http://www.coe.int/t/dg3/romatravellers/Coordinator/Coordinator%20Information%20on%20Evictions%20A pril%202008.pdf 475 Ibid and email correspondence from COHRE partners in Turkey 474

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THREATENED OR PLANNED FORCED EVICTIONS 2007-2008 AFRICA Botswana Land and housing remains a serious concern in both rural and urban Botswana. Given the acute poverty, most of Botswana’s population lives in substandard over crowded housing with poor access to basic services including water and sanitation.

2007 On 23 October, in Gamodubu, 14 residents were threatened with being relocated to other fields.476 ICESCR: No

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: No

CERD: Yes

CAT: Yes

Cameroon In November 2008 an estimated 13 areas in Yaounde were threatened with forced evictions.

These areas being Mfoundi valley, Tongolo valley, Ntem valley, Ebogo valley, Ewoué valley, Ake valley, the valley between Nsam, Efoulan and Ndamvout (Dakar) districts, the valley between Efoulan, Nsimeyong and Mvolyé districts, Olézoa valley, Biyenne valley, the valley that stretches from “gendarmerie nationale” to “champ de tirs”, across Elig-Effa, Mokolo and Oyom-Abang districts, Nkolbisson’s Agronomic Center and Madagascar district, Aubiergue valley and Ekozoa valley. Tens of thousands of people living in these areas are currently facing imminent eviction. Hundreds of homes have already been marked with crosses to be destroyed in the coming six months.

Egypt A rockslide caused by water leaking from the Al-Moqattam hill killed more than 100 residents of the informal settlement, Al-Duwayqah, Cairo in September 2008. The Government had reportedly ordered the residents to leave in 1999 after a similar disaster had occurred in a nearby slum. Many residents failed to leave as no adequate alternative housing had been provided.477 Such risks are commonly faced by the huge number of Egypt’s slum dwellers. It is estimated that between 5 and 10 million people live in informal settlements, which are overcrowded and lack adequate basic services, such as water and sanitation. With rising food prices and growing poverty, the situation has not improved. The Government’s stifling of protest and dissent through the use of repressive laws478 may impact resident’s abilities to protest future evictions and promote their housing rights.

The authorities used repressive laws to clamp down on criticism and dissent. They prosecuted journalists for defamation and other offences, censored books and editions of foreign newspapers, and imposed restrictions on the Egyptian media. Some internet websites were blocked and bloggers

476 Republic of Botswana, Gamodubu residents against eviction, 23 October 2007, http://www.gov.bw/cgibin/news.cgi?d=20071023&i=Gamodubu_residents_against_eviction 477 Amnesty International Report 2009, ‘The State of the World’s Human Rights: Egypt’, < http://thereport.amnesty.org/en/regions/middle-east-north-africa/egypt > 478 Amnesty International Report 2009, ‘The State of the World’s Human Rights: Egypt’, < http://thereport.amnesty.org/en/regions/middle-east-north-africa/egypt>

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and others who criticized the government were arrested. Several foreign satellite television stations were ordered to close their offices in Cairo or had their transmission suspended in Egypt.

2007 8,000 families nationwide were threatened with eviction as a result of a decision by the Prime Minister aimed at using their properties for tourist facilities. The decision was apparently illegal and in violation of law no 577 of 1954.479 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

Ghana In 2007 an estimated 3000 households in the Agyemankata community in Accra were threatened with evictions resulting from the World Bank Kwabanya landfill project. As affected persons were not meaningfully consulted on the details of the project nor on the resettlement action plan, COHRE filed a complaint with the World Bankâ&#x20AC;&#x2122;s Inspection Panel.

Members of the inspection Panel visited the area and their final report is pending.480 Kenya 2007 In September 2007, in Nairobi, 10,000 people were threatened with eviction by the Ministry of Housing. A seven-day notice issued by the Ministry of Housing to residents in the East Soweto village of Kibera has residents facing the prospect of their homes being demolished today. The Ministry plans to build a road from Mbagathi Road to Karanja Road and has marked the affected houses with a red cross. No compensation and resettlement has been offered to the residents. In fact, the Ministry has claimed that it will charge residents for the cost of the demolition. Residents protested and held a rally against the eviction. 481 In December 2007 the Usoma community in Kisumu were threatened with evictions as media reports indicated that the expansion of the Kisumu airport was to commence. The community under the auspices of the Kisumu Social Rights Association submitted a representation to the Kisumu government and the Kenya Airports Authority to ensure that evictions followed due process and that a propoer relocation plan was worked out. The community was assured that proper negotiations would take place in order to arrive at an amicable solution.482

479 Land Center for Human Rights, The safety of the people and the protection of their land in Egypt is more impatant than constructing tourist establishments and trading in their properties on the ground of public utility, 30 May 2007 480 COHRE, Request for Inspection by World Bank Inspection Panel, 16 August 2007, http://www.cohre.org/store/attachments/Kwabenya%20Landfill%20Request%20for%20Inspection%20(COHR E).pdf 481 COHRE Media Release, Rights groups condemn wave of evictions in Nairobi, 29 August 2007, www.cohre.org/kenya 482 COHRE and Hakijamii, Kenya Housing Rights Update, December 2007-January 2008 http://www.hakijamii.net/dec07hupdate.pdf

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2008 In June 2008 the Kenya Pipeline Company issued an eviction notice to residents of MukuruSinai, Nairobi affecting approximately 15,000 people. The reason for the eviction notice as stated by the Pipeline Company was that that occupation of the area posed a serious risk to the residents. The eviction was not carried out due to a wave protests by affected people and their supporters. The fate of the affected people remains uncertain.483 In July 2008 over 127, 000 people living in informal settlements along the Nairobi River basin were threatened with evictions to make way for a massive river clean-up programme. The clean-up drive, announced in July 2008 and launched officially in November 2008, is the latest development in the three-phase Nairobi River Basin Programme (NRBP), a multi-stakeholder initiative founded in 1999 to rehabilitate the Nairobi River basin’s ecosystem. The Ministry of Environment and Mineral Resources, the National Environmental Management Agency, the United Nations (UN) Environment Programme and the Ministry of Nairobi Metropolitan Development are some of the stakeholder organisations involved. There has been no consultation with the people who may be evicted as part of the NRBP.484 Liberia 2007 On 27 October, in Monrovia and surrounding areas, thousands of people were threatened with eviction after the Ministry of Public Works began demolishing structures in order to reconstruct the main route leading from the Freeport to the Gardnersville Community. In November, President Ellen Johnson-Sirleaf warned squatters who have erected structures along major roads and in rights of way to immediately move their structures or risk demolition.485 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

Namibia Namibia is one of the few African countries with only a moderate prevalance of slums at 34% of all households as opposed to the 66% recorded in Sub-saharan Africa. A large number of residents of Namibia’s cities continue to be deprived of adequate access to basic facilities like water and sanitation.486

483

COHRE and Hakijamii, Kenya Housing Rights Update, February to June 2008 http://www.hakijamii.net/june08hupdate.pdf 484 COHRE, Hanijamii, Amnesty International and Shelter Forum Joint Protest Letter 21 January 2009 090121 COHRE_Hakijamii_AI_ShelterForum_Nairobi_JointLetter 485 The Inquirer, Liberia: Demolition Begins at Country Drive, 26 October 2007, http://allafrica.com/stories/200710260830.html; and The Analyst, Liberia: No Excuse, No Exception! - Police Warn Robertsfield Highway Residents, Demolition Exercise Begins Saturday, 27 October 2007, http://allafrica.com/stories/200710291239.html; and The News, Liberia: Johnson-Sirleaf Warns Squatters to Move Or Be Removed, 13 November 2007, http://allafrica.com/stories/200711140306.html 486 UN HABITAT, State of the World’s Cities, 2008/2009, Harmonius Cities, October 2008

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2007 In August, in Otjomuise Three, 20 people faced eviction after their term on a private owner's land ran out. The residents were in negotiation with the municipality about relocation and have been looking at land.487 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: Yes

CERD: Yes

CAT: Yes

Nigeria 2008 On 21 July 2008 the Department of Development Control published a notice regarding the final eviction of 31 settlements in Abuja. The eviction drive was slated to being on 4th August and continue till 18th September. The eviction drive was referred to as a clean up exercise that would remove shanties and squatter settlements as well as remove residents of incomplete structures or those living in unsanitory conditions.488 South Africa 2007 In September, in Joe Slovo informal settlement, 20,000 people were threatened with eviction by the Housing Ministry and the state housing agency Thubelisha. The Ministry stated that it planned to move them to Delft. Residents protested and blocked roads against the move.489 In Johannesburg, at least 10 buildings and possibly more were slated for demolition490.

In April, in Rosedale, Uitenhage, more than 300 people were threatened with eviction after a court order. Many people are still waiting for the houses they were promised over ten years ago by the government.491

487 The Namibian, Namibia: Otjomuise Residents Reschedule Protest March, 24 July 2007, http://allafrica.com/stories/200707240311.htm; and ibid, City seizes squatter plot, shacks will go, 8 August 2007, http://allafrica.com/stories/200708080521.html 488 Based on email correspondence to COHRE 489 SABC News, Cape residents march in protest against evictions, 3 August 2007, http://www.sabcnews.com/south_africa/land_affairs/0,2172,153510,00.html; and IOL, Sisulu slams Joe Slovo residents, 6 August 2007, http://www.iol.co.za/index.php?set_id=1&click_id=124&art_id=vn20070806125209239C596275; and The AntiWar Coalition, Joe Slovo Shack Dwellers march on Parliament, 3 August 2007, http://www.archive.org/details/JoeSlovoMarchAgainstForcedRemovalsInCapeTown; and IOL, Protesters regroup on the N2, 10 September 2007, http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20070910103007399C753610; and ibid, Forced removal threat after protest, 11 September 2007, http://www.iol.co.za/index.php?set_id=1&click_id=124&art_id=nw20070911133243419C870415; and ibid, Sisulu talks tough after N2 housing protests, 12 September 2007, http://www.iol.co.za/index.php?set_id=1&click_id=124&art_id=vn20070912035213715C321474 490 Business Day, Stalemate blocks plan to demolish Joburg landmarks, 4 April 2007, http://www.allafrica.com/stories/200704040478.html 491 The Herald, Squatters wont budge despite court order, 18 May 2007, www.theherald.co.za/herald/news/n14_18052007,htm; and ibid, Protest over Uâ&#x20AC;&#x2DC;hage housing backlog, 22 June 2007, http://www.theherald.co.za/herald/news/n14_22062007.htm

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In July, in N2 Gateway, Langa, 704 households were threatened with eviction as a result of being unable to afford their rent. Residents protested, demanding that the rent be reduced to an affordable level with the option to own the houses.492 In August, in Mohlohlo, 10,000 people faced eviction as a result of mining lease agreements with platinum corporations. A case was filed against the evictions.493 In November, in Diepsloot informal settlement, 22 families were threatened with forcible relocation. Evictions were halted after violent protests and barricading of roads.494 2008 In September, in Siyanda, Durban, a settlement was threatened with eviction by the eThekwini Municipality. The municipality had already demolished at least 50 shacks in the area in 2008 alone, without notice or a court order. The municipality claimed that all those affected would be moved to the adjacent Kulula Housing Project, concurrently under construction, but then said that some families would be moved to eNtuzuma and placed in â&#x20AC;&#x153;transit campsâ&#x20AC;? government-built shacks or temporary structures, ordinarily used for emergency relief. Those earlier promised housing in the Kulula project had still not been provided it, the residents alleged.495 In October 2008 over 10,000 families of the Macambini community were threatened with displacement from their communal land in KwaZulu Natal to make way for the multi-billion Rand AmaZulu World project which will include a theme park, shopping malls, hotels, residentail areas, a golf course etc.

On 21 November, in Mochidi, near GaKgapane township outside Modjadjiskloof, Limpopo, 300 families were threatened with eviction by the Greater Letaba Municipality. The families allege that the municipality wants them to leave because it wants to give the land to a property developer, and that the decision was taken without consulting them. The municipality said it had bought the land and was negotiating with another traditional authority to resettle the families.496 On 17 December, in Naledi, Soweto, Gauteng's Housing Minister stated that the occupants of approximately 380 houses would be evicted. Her department has partnered with the South African Police Service to evict the illegal occupants who had taken over the newly built houses some days earlier. The Minister said the illegal occupation of houses would not be tolerated, as

492 Cape Town Anti-War Coalition, Tenants of N2 Gateway, Langa, to march on Tuesday 17 July, 15 July 2007, http://capetownantiwar.blogspot.com/; and Mail, Guardian, N2 Gateway housing protest slams govt, 17 July 2007, http://www.mg.co.za/articlePage.aspx?articleid=314229&area=/breaking_news/breaking_news__national/; and IOL, Gateway residents demand action, 18 July 2007, http://www.iol.co.za/index.php?set_id=1&click_id=124&art_id=vn20070718015259675C497743; and ibid, N2 Gateway: No rent, no roof, 20 July 2007, http://www.iol.co.za/index.php?set_id=1&click_id=124&art_id=vn20070720115641141C393541 493 Business Day, Tribe summonses ministers, 27 July 2007, http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A525750; and Mines and Communities Press Release, Action instituted against Anglo Platinum over forced removals at Mohlohlo, 25 July 2007, http://www.minesandcommunities.org/Action/press1587.htm 494 Sowetan, Diepsloot evictions spark violence, 2 November 2007, http://www.sowetan.co.za:80/News/Article.aspx?id=602977 495 Siyanda Abahlali baseMjondolo Branch Media Release, Forced Relocations in Siyanda to Make Way for New Freeway, 17 September 2008, http://antieviction.org.za/2008/09/17/abm-forced-relocations-in-siyanda-to-makeway-for-new-freeway/ 496 Sowetan, Families live in fear of eviction, 28 November 2008, http://www.sowetan.co.za:80/News/Article.aspx?id=894014

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an agreement on allocation had been agreed to by all stakeholders. The houses were meant to be allocated to other homeless people in the area.497 Uganda 2007 In Bugonga village, Entebbe, 400 persons faced eviction resulting by a local businessman.

Villagers had appealed to the courts and their government for intervening in this matter. 498 In Katanga slum, Kampala., 16,000 people faced eviction by Makerere university.499 In Mpongo, Buzibazi, Nabigaga and Soweto villages in Maanyi sub-county, 700 faced eviction off lands owned by Adam Ssemakula.500 A large number of people in Jinja were threatened with displacement as a result of the Bujagali dam project.501 In November, 200 people residing in Kyankwanzi were threatened with eviction by the army.502 In July, in Mt Elgon National Park, 8,050 people were threatened with eviction by the Uganda Wildlife Authority, leading to protests.503 In August, in Bwerima parish, 70 people were threatened with eviction by UPDF officer Maj. Rwamutwe. Subsequently it was allegedly found that Mr. Rwamutwe could not specify the boundaries of the land he claimed to be his and also could not produce a title deed.504 On 22 September, in Queen Elizabeth National Park, 8,000 pastoralists were threatened with eviction following a decision by an inter-ministerial team, including the Uganda Wildlife Authority (UWA) Executive Director. The first group of people were to be moved to the lands of various prisons, to be used as 'holding areas'. The Government said it had set aside 17,000 acres of land for their resettlement.505 In November 2007, in Kamutinda, Bushenyi, Kyamburara, Ruhiira, Nyamirongo, Kazeera, Rwobuyanga and Kabaare, 1,000 people were threatened with eviction by a local MP.506

497 The Citizen, Eviction for illegal occupants of Soweto houses, 17 December 2008, http://www.citizen.co.za/index/article.aspx?pDesc=85557,1,22 498 New Vision, Entebbe residents face eviction, 8 February 2007, www.newvision.co.ug/D/8/19/547991 499 The Monitor, Face-lifting Katanga slum, 3 May 2007, www.allafrica.com/stories/200705020858.html 500 New Vision, Lost counties have worst land disputes says Atwooki, 15 May 2007, www.newvision.co.ug/8/13/565308 501 The Monitor, Nema Okays Bujagali Dam Project, 26 April 2007, http://allafrica.com/tories/200704251195.html 502 New Vision, Army to evict residents from Kyankwanzi, 16 September 2007, http://www.newvision.co.ug/D/8/19/586953 503 The Monitor, Uganda: 8,050 Face Eviction From Mt Elgon Park, 7 October 2007, http://allafrica.com:80/stories/200710080179.html; ibid, Uganda: Uwa, Bududa Leaders Clash Over Fresh Encroachment, 3 September 2007, http://allafrica.com:80/stories/200709031098.html; ibid, Uganda: Review Eviction Policy, Govt Told, 17 October 2007, http://allafrica.com/stories/200710161255.html 504 New Vision, Minister defends self on land, 2 September 2007, http://www.newvision.co.ug:80/D/8/19/584527 505 New Vision, Uganda: Basongora Evicted From National Park, 23 September 2007, http://allafrica.com/stories/200709240006.html 506 The Monitor, Uganda: MP to Evict Own Voters, 7 October 2007, http://allafrica.com:80/stories/200710080164.html

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2008 In Kawempe Division, Kampala, 400 homes were threatened with demolition by the Kampala City Council. The demolition was planned in order to make way for the construction of the Nsooba drainage channel. A World Bank sponsored project, the construction of the channel would, it is believed, reduce flooding in Bwaise, a Kampala suburb. Officials said those evicted would be “duly compensated”.507 In August, in Luwunga Forest Reserve, Kiboga District, 60,000 people were threatened with eviction by Kiboga District authorities. The area was to be included in a proposed forest reserve. Residents petitioned the President asking for a stay of eviction and stating that they were not ready to leave unless a clear resettlement option is identified.508 On 28 August, in Kisenyi Parish, Kampala, 500 families were issued eviction notices by the owner of the land they were staying on. The notice said that the residents had to vacate the premises within three months. The land is part of Kisenyi Central Zone, a densely populated slum in Kampala's central division. However, the area councillor alleged that the land has been sold to two different developers, who are still fighting over ownership. In September, the High Court issued a restraint order against the landlord and halted the evictions.509 In September, in Gulu, 20 people, mostly civil servants, faced eviction by the Works and Housing Ministry. The tenants approached the Inspector General alleging irregularities.510 In September, in Bwaise, Kawempe division, 500 people were threatened with eviction from lands owned by the Kabaka (King) of Buganda, which have been granted to the private corporation Global Star (U) Ltd for redevelopment. Those residing on a five acre piece of land in the area opposed the eviction and claimed that most of them had been staying on the land for more than 70 years. The tenants appealed to Kabaka Ronald Muwenda Mutebi II to grant them an opportunity, as bona fide occupants, to develop the land themselves.511 In Temangalo, 13 families living on lands purchased by the National Social Security Fund (NSSF) were threatened with eviction by the Fund. The Presidential Land Task Force opposed the eviction and said it would be illegal.512 On 22 October, in Kyangwali refugee camp, Hoima district, 500 pastoralists were threatened with eviction by Hoima district security officials. Officials said the pastoralists were in the area illegally and that they had large herds of cattle that were destroying food crops. They said the ultimatum follows an order from the Office of the Prime Minister to have the pastoralists

507 The Monitor, KCC to Evict 400 Families in Kawempe, 22 August 2008, http://allafrica.com/stories/200808220074.html 508 The Monitor, Uganda: Kiboga Residents Petition Museveni Over Eviction, 1 August 2008, http://allafrica.com/stories/200808010054.html 509 The Monitor, 1. 500 families in Kisenyi face eviction, 4 September 2008, http://www.monitor.co.ug/artman/publish/news/500_families_in_Kisenyi_face_eviction_70975.shtml; and ibid, Court blocks eviction of 500 families in Kisenyi, 18 September 2008, http://www.monitor.co.ug/artman/publish/regionalspecial/Court_blocks_eviction_of_500_families_in_Kisenyi_71693.shtml 510 The Monitor, Gulu Civil Servants Under Eviction Threat, 11 September 2008, http://allafrica.com/stories/200809110107.html 511 New Vision, Bwaise residents resist Mengo eviction, 5 September 2008, http://www.newvision.co.ug/D/8/13/648209 512 New Vision, NSSF can’t evict Temangalo tenants, 12 October 2008, http://www.newvision.co.ug/D/8/13/654261

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evicted. Authorities in the camp set ablaze several huts belonging to the pastoralists, in an attempt to evict them.513 Tanzania 2007 In January 2007 approximately 200 households in Kidamba, Kinondini municipality in Dar es Salaam area were threatened with evictions when the Lands Ministry informed them that the land they had occupied for 30 years was slated for development including a shopping mall, 5 star hotels, a central parking lot and other businesses as per a presidential decree of 1994. The compensation offered was far from adequate community had been living on the land for 30 years and was offered minimal compensation. Community members were hoping to negotiate for adequate rates of compensation.514 2008 In Wazo Hill Tegeta, Kinondoni District, 3,000 people faced potential eviction by the Tanzania Portland Cement Company Limited. They were given temporary relief after the Court of Appeals stayed an earlier High Court order allowing the company to evict them. The company alleges that the residents had illegally occupied company land in 2002.515 Zimbabwe 2007 In July, in Samba Ranch, 912 families were threatened with eviction from private lands that they had occupied. The owner offered to â&#x20AC;&#x153;assist in their resettlementâ&#x20AC;? but refused the proposal by the families that the land be parcelled out to them. The Ministry of Lands, Land Reform and Resettlement also rejected the proposal.516 In August, the Government of Zimbabwe gave the remaining white commercial farmers one month's time to leave their farms. Some farmers resisted and filed cases in court. The Government threatened those resisting with arrest.517

513 New Vision, Hoima pastoralists face eviction, 22 October 2008, http://www.newvision.co.ug:80/D/8/18/655882 514 Email communication with COHRE 5 January 2008 515 Daily News, Wazo residents to appeal over eviction order, 19 October 2008, http://dailynews.habarileo.co.tz/magazine/index.php?id=7877 516 The Herald, Zimbabwe ranch occupants face forced eviction, 16 July 2007, http://allafrica.com/stories/200707160077.html 517 New Zimbabwe, Zimbabwe serves eviction notices on last few white farmers, 19 July 2007, http://www.newzimbabwe.com/pages/farm60.16696.html; and The Herald, Zimbabwe: Farmers Risk Arrest for Resisting Eviction, 8 August 2007, http://allafrica.com/stories/200708080006.html; and IOL, Last white farmers face eviction or arrest, 8 August 2007, http://www.iol.co.za/index.php?set_id=1&click_id=68&art_id=nw20070808114047206C742016

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THE AMERICAS Argentina 2007 On 13 February 2007, in Buenos Aires, approximately 24 â&#x20AC;&#x2DC;emergency settlementsâ&#x20AC;&#x2122; with 12,000 residents were threatened with eviction by the Governor of the City of Buenos Aires. The settlements were to be eradicated and their families resettled. The Public Defender demanded that the Government find alternative solutions for the people living in the settlements as the majority live in hazardous areas or in areas protected for environmental reasons.518 On 30 March 2007, in 31 Village in Buenos Aires, approximately 30,000 people were threatened with eviction. These families live in one of the richest neighbourhoods of Buenos Aires. The area belongs to the Federal Goverment and the city of Buenos Aires wants to implement a tourist and commercial housing project in the area. As a result the Government has repeatedly tried to remove these people, some of whom have been forced to return to their villages. The pressure has increased with plans for the expansion of Madero Port.519 On 25 April 2007, in Villa 20, Lugano, Buenos Aires, several families organized under the AsociaciĂłn de Vecinos Organizados del Sur (Association of Organised Neighbours of the South) were occupying Federal Police land, which was given to them by law, but the government has not yet concluded the transfer. The occupants are still illegal, but the police says they did not receive any eviction order yet.520 On 16 May 2007, in Bariloche, approximately 30 families were threatened with eviction as a result of a judicial order directing the eviction of these families from a building occupied by them on 18 December, 2007.521 On 5 August 2007, in Villa 31, Buenos Aires, hundreds of families were threatened with eviction by the newly elected Municipal Government of Buenos Aires, which claimed that there is a high crime rate and drug trafficking in the villas. This was a pretext to allow them to clear out the occupiers for real estate purposes. The group Priests for the Villas had written a report expressing their concern on the urban policies of the new Buenos Aires municipal government, policies that try to destroy villas located in high priced areas. The report also notes the current constant political intimidation of families in the villas on grounds of crime and drug trafficking.522 On 14 November 2007, in Senillosa, Provincia de Rio Negro, approximately 200 families were threatened with eviction. In 2002 the provincial government had passed a law aiming to expropriate 600 acres of land from private owners, which was to be given to low income producers. But the Government did not complete the expropriation process, and the land remains in private hands. Now the private owners have filed a lawsuit to claim the land back.

518 La Nacion: Informacion General, Telerman prometico erradicar todos los asentamientos en un ano y medio, 13 February 2007, http://www.lanacion.com.ar/Archivo/nota.asp?nota_id=883163 519 Pagina/12, Los mas pobres en tierras muy caras, 30 July 2007, http://www.pagina12.com.ar/diario/elpais/1-88908-2007-07-30.html 520 Pagina/12, No queremos la villa, queremos las viviendas, 25 April 2007, http://www.pagina12.com.ar/diario/ultimas/20-84062-2007-04-25.html 521 http://www.rionegro.com.ar/diario/2207/05/16/2007 522 Pagina/12, No hay politicas de vivienda pero si de desalojos, 05 August 2007, http://www.pagina12.com.ar/diario/sociedad/3-89222-2007-08-05.html

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The land is being used for productive purposes and houses will also be built to benefit the families currently living there.523 2008 On 7 May 2008, in Buenos Aires, approximately 80 families were threatened with eviction as a result of a court order. The court ordered the police to remove the families from a three story building that they had occupied. The order was suspended by the court just before the eviction was to begin.524 On 14 June 2008, in Río Negro, approximately 80 families were threatened with eviction as a result of a court order. The judge ordered the eviction of the Otto Krause neighbourhood.525 On 18 June 2008, in Roca, approximately 30 people were threatened with eviction as a result of a court order. The occupants claim that the land has no owner and the court case is false.526 On 20 June 2008, in Río Negro, approximately 58 families were threatened with eviction as a result of a court order. The families had occupied 120 newly built houses.527 On 28 June 2008, in Buenos Aires, approximately 200 families were threatened with eviction after their neighbours sought their removal, claiming that their arrival had led to an increase in crime and violence in the area.528 In July 2008, in Constitución, Buenos Aires, 15 families were threatened with eviction as a result of a court order. The families are of African descent and the area where they live also is the site of one of the best known -and one of the last- Afrocultural Centres in Buenos Aires.

The eviction would impact hundreds of people who use the Centre as well. 529 Also in July 2008, in Parque Patricios, Buenos Aires, approximately 70 families were threatened with eviction as a result of a court order.530 On 22 July 2008, in Puerto Madryn, the Municipality launched a program to eradicate informal settlements such as Pujol II. The political leadership gave the residents a 30 day ultimatum and warned them to leave.531 On 23 July 2008, in La Plata, families living in the area since the 1950's have been instructed to leave by the La Plata municipality.532

523 Rio Negro Online, Productores piden la regularizacion de quinientas hectareas, 14 November 2007, http://www.rionegro.com.ar/diario/2007/11/14/1195080050.php 524 Clarin, Suspenden el desalojo de un edificio en Almagro, 07 May 2008, http://www.clarin.com/diario/2008/05/07/um/m-01666478.htm 525 Rio Negro Online, Reclaman desalojar todo el barrio Otto Krause, 14 June 2008, http://www.rionegro.com.ar/diario/2008/06/14/20086r14s03.php 526 Rio Negro Online, En pocas palabras, 18 June 2008, http://www.rionegro.com.ar/diario/2008/06/18/20086m18s13.php 527 Rio Negro Online, Ocupantes presentan amparo e inician huelga de hambre, 30 June 2008, http://www.rionegro.com.ar/diario/2008/06/30/1214859520.php 528 Clarin, Pelea entre vecinos y cartoneros por un asentamiento en Caballito, 28 June 2008, http://www.clarin.com/diario/2008/06/28/laciudad/h-01703788.htm 529 Community request for assistance to COHRE 530 C.I.B.A. - Coordinadora de Inquilinos de Buenos Aires, Report to COHRE, DATE 531 El Diario de Madryn, Ultimatum del Municipio para que desalojen el asentamiento del Pujol II, DATE? http://www.diariodemadryn.com/vernoti.php?ID=92337 532 http://www.diariohoy.net/notas/verNoticia.phtml/html/268577656/0000/Los-quieren-dejar-sintecho/?1024

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On 4 August 2008, in Chubut, the Municipality directed several families who have allegedly occupied state property to leave or face eviction.533 On 14 August 2008, in Concepción, approximately 30 families were threatened with eviction by the municipality and a building company, which want to use the land for new building projects. The families have been living there since 2001.534 On 18 August 2008, in Río Negro, the community of La Pampa was threatened with eviction by an oil company, who wants to take over their lands. The community has been living in the area for more than 30 years.535 On 21 August 2008, in Paraná, approximately 5 families were threatened with eviction. The families had reportedly occupied homes that they believed to have bought. However, the transaction was apparently fraudulent.536 On 1 September 2008, in Mercedes, five families were threatened with eviction as a result of a court order. The local government only promised the families temporary shelter if they were evicted.537 On 9 September 2008, in Tucumán, approximately 30 families were threatened with eviction by the local authorities. The families protested and demanded that they be allowed the option of buying the land.538 On 11 September 2008, in General Vedia, approximately 19 families were threatened with eviction as a result of an order by the municipality. The Colonization Institute wants to proceed with the eviction of people from the area, though they have been living there for 30 years.539 On 23 September 2008, in Formosa, approximately 60 families were threatened with eviction as a result of an order by the municipality, which wants the land in order to create a park and to engage in other projects.540 On 24 September 2008, in Echeverría, approximately 300 families were threatened with eviction as a result of a court order. Those affected protested against the order and demanded that the local administration find other methods of resolving the dispute.541

533 El Patagonico Net, Advertencia de desalojo para los asentados en Sismografica, DATE? http://www.elpatagonico.net/index.php?item=nota&idn=29819&ref=hoy 534 Primera Fuente, Protesta de vecinos de concepcion ante un posible desalojo, DATE? http://www.primerafuente.com.ar/nota.asp?id_seccion=2&seccion=&id_nota=44486 535 Rio Negro Online, Puesteros de Puelen denuncian desalojo, 18 August 2008, http://www.rionegro.com.ar/diario/2008/08/18/20088r19s12.php 536 Agencia de Informaciones Mercosur, Piden desalojo de viviendas del lapv intrusadas, 21 August 2008, http://www.aimdigital.com.ar/ver_noticias.php?id_nota=78693 537 El Nuevo Cronista, Inminente desalojo de cinco familias, DATE? http://www.nuevocronista.com.ar/010908desalo.htm 538 La Gaceta, Cortaron la mate de Luna en horario pico para resistirse a un desalojo, 09 September 2008, http://www.lagaceta.com.ar/nota/289686/Informacion_General/Cortaron_Mate_Luna_horario_pico_para_resi stirse_un_desalojo.html 539 Chacoonline, Intentaran evitar el desalojo de minifundistas, 11 September 2008, http://www.chacoonline.com.ar/nota.php?nro_nota=7094 540 http://www.formosaya.com.ar/archivo/Septiembre%2008/23092008/nota04.html 541 Info Region, A pesar de los cortes no descartan el desalojo del asentamiento, 24 September 2008 http://www.inforegion.com.ar/vernota.php?titulo=A-pesar-de-los-cortes-no-descartan-el-desalojo-delasentamiento&tipo=N&idPub=76226&id=164261&dis=1&sec=4

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On 24 September 2008, in Salta, approximately 250 families were threatened with eviction as a result of the construction of a road near their village.542 On 25 September 2008, in Rosário, approximately 40 families were threatened with eviction as a result of an order of the municipality. The order was met with large scale protests.543 On 26 September 2008, in Almirante Brown, some families were threatened with eviction by an order of the municipality.544 On 27 September 2008, in Buenos Aires, a charity centre housing 60 people was threatened with eviction as a result of arrears in rent payments.545 On 18 November 2008, in Retire, Buenos Aires, approximately 25,000 people were threatened with eviction as a result of a court case against irregular constructions. The city government filed a case against the national Government (whose agencies own the land) claiming that the irregular constructions are dangerous. The residents of these settlements fear that they may be evicted as a result.546 On 18 November 2008, in San Isidro de Lules, Tucuman Province, an indigenous community was threatened with eviction as a result of a court order after a person claiming to own the land filed a case. The order was later suspended.547 On 21 November 2008, in Ituzaengó, Corrientes Province, approximately 160 families were threatened with eviction as a result of a court order. The case was filed as a result of a court case filed by the national Government on the grounds that the land belonged to it. The provincial Government is trying to reach an agreement with the national Government in order to prevent the evictions.548 On 24 November 2008, in Rosario, Santa Fe Province, approximately 200 families were threatened with eviction by private developers. The residents complain that the developers are trying to remove them in order to build a housing development and sports areas. The Municipality has authorised the plans.549

542 Radio Salta, Advierten un posible desalojo, 24 September 2008, http://www.radiosalta.com/noticia.php?idn=215454 543 Pagina/12, Ante un desalojo anunciado, 25 September 2008, http://www.pagina12.com.ar/diario/suplementos/rosario/9-15352-2008-09-25.html; and Rosario3, Francia y avenida de la Costa: cronica de un desalojo anunciado, 25 September 2008, http://www.rosario3.com/noticias/noticias.aspx?idNot=37689 544 Agencia Universitaria de Noticias y Opinion, Una orden de desalojo con “amenazas e irregularidades,” 26 September 2008, http://www.auno.org.ar/leer.php/4459 545 http://www.politicaydesarrollo.com.ar/nota_completa.php?id=6451 546 Pagina/12, Tras el corte, la villa 31 tiene un proyecto, 21 November 2008, http://www.pagina12.com.ar/diario/sociedad/3-115361-2008-11-21.html http://www.diarioperfil.com.ar/edimp/0272/articulo.php?art=8150&ed=0272 547 Primera Fuente, Se postergo el desalojo de una comunidad indigena, DATE? http://www.primerafuente.com.ar/nota.asp?id_seccion=2&seccion=&id_nota=46691; and Movimiento Libres del Sur, Inminente desalojo a la comunidad indigena lule, 14 November 2008, http://libresdelsur.org.ar/spip.php?article4352; and Argentina indymedia, Ordenaron el desalojo en la comunidad El Nogalito del pueblo Indigena Lule, 14 November 2008, http://argentina.indymedia.org/news/2008/11/638063.php; and Contrapunto, Ordenaron el desalojo en la Comunidad El Nogalito del pueblo Indigena Lule, 13 November 2008, http://prensacontrapunto.com.ar/index.php?option=com_content&task=view&id=678&Itemid=34 548 http://www.el-litoral.com.ar/leer_noticia.asp?IdNoticia=99128 http://www.ellitoral.com.ar/leer_noticia.asp?IdNoticia=98856 549 Rosario3, Vecinos de Nuevo Alberdi exigen una solucion a los desalojos, 24 November 2008, http://www.rosario3.com/noticias/noticias.aspx?idNot=41081; and

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On 1 December 2008, in La Plata, approximately 40 families were threatened with eviction as a result of a court case. The families received legal notices asking them to leave the land where they had been residing for the previous fifteen years. The notices were sent by a woman who claims to own the lands. The residents complain that politicians have been promoting different housing plans to help them, but nothing has been done.550 On 3 December 2008, in La Boca, Buenos Aires, the community centre Los Pibes was threatened with eviction by a court order obtained by the land owner. The centre has been engaged in education and art activities, as well as providing food to children, since 2004.551 On 5 December 2008, in San Lorenzo, Salta Province, the indigenous community Lules de Finca las Costas was threatened with eviction by police. The eviction was stopped but plantations and livestock were destroyed. The eviction was suspended by a court.552 On 5 December 2008, in El Pantanoso, Rio Negro Province, one family was threatened with eviction as a result of a court order. The court also ordered that the family be detained. The family is from the indigenous community CaĂąumil.553 On 8 December 2008, in El Pedregozo, Chubut Province, one family was threatened with eviction as a result of a court order. The Municipality had granted the land to a lawyer as payment for his legal services. In doing so, the Municipality ignored the fact that the family Larenas had been living on the land for more than 60 years. The court ruled in favour of the lawyer.554 On 14 December 2008, in Rio Grande, Tierra del Fuego, over 26 families were threatened with eviction as a result of a court order. The families had been living for the past eight to ten years in homes that the Education Department had built fifteen years earlier. The houses had been intended for providing housing to teachers. The court directed the authorities to evict the residents and take back the houses. Some of the families had already been evicted, while most continued to resist eviction.555 On 17 December 2008, in El Arroyon, Rio Negro Province, approximately 27 families were threatened with eviction by state officials. The families work on state lands making bricks. The

http://www.elciudadano.net/NOTAS/nota.php?nombre=EDIM-25-11-2008-016 550 InfoPlatense, Vecinos de Ringuelet protestan por desalojo, DATE? http://www.infoplatense.com/modules/news/article.php?storyid=4806 551 http://www.elpatagonico.net/index.php?item=viewlast&ref=ultimas&id=116844&sec=pol 552 SALTA, Atropello a comunidad Indigena Lules de Finca las costas, 05 December 2008, http://www.copenoa.com.ar/Atropello-a-Comunidad-Indigena.html 553 Diario Hoy en la noticia, Rio Negro: Ordenan el desalojo de familia mapuche, DATE? http://www.diariohoy.net/accion-verNota-id-7622-titulo-Rio_Negro_Ordenan_el_desalojo_de_familia_mapuche 554 http://www.rionegro.com.ar/diario/2008/12/08/1228703398151.php; Puerta E: Colectivo de noticias, Caso Larena: vecinos se openen al desalojo y a la destruccion de las culturas campesinas, 09 December 2008, http://puertae.blogspot.com/2008/12/caso-larena-vecinos-se-oponen-al.html; and Infochubut, Cordillera de Chubut: Piden a das Neves evitar desalojo de antigua pobladora, 09 December 2008, http://www.infochubut.com/modules.php?name=News&file=article&sid=11904; and Puerta E: Colectivo de noticias, Caso Larenas: la comunidad movilizada impidio que ayer se produjera el desalojo, 18 December 2008, http://puertae.blogspot.com/2008/12/caso-larenas-la-comunidad-movilizada.html; and Infochubut, Vecinos movilizados frenan desalojo en la cordillera de Chubut, 18 December 2008, http://www.infochubut.com/modules.php?name=News&file=article&sid=11936 555 Diario El Sureno, Es lento el desalojo de las gamelas de Educacion, DATE? http://www.surenio.com.ar/index.php?s=ARligwdw$$diarios/veo$W0821oed0gdxm340wx5r8z6

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families informed the media that they had been living on the land and were attempting to enter into negotiations, but were being intimidated and harassed by officials.556 Bolivia 2007 Around 134 families in Pando and an unknown number in Beni and Santa Cruz are facing eviction as a result of Bolivian government plans for the eviction of Brazilian farmers who live irregularly in the border zones. Bolivia is acting on the basis of the National Constitution, which says that foreigners cannot acquire or have by title ground or subsoil, whether directly or indirectly, individually or collectively, within 50 km of the border. The main director for land said: The objective is to relocate the Brazilian farmers within their country or in legal places in Bolivia. The minister of Agrarian Development of Brazil affirmed that the aid to Bolivia of 10 million dollars approved by the Senate has the objective of avoiding the expulsion of the Brazilian farmers. That support is part of a program of cooperation between Brazil and Bolivia to develop on the Bolivian side productive cooperatives or systems that would allow the agriculturists to remain where they are based at the moment. Rocha indicated that although it is documented that the people who live in the border zones of Bolivia are extremely poor, this would not change the requirements of the legislation. The Government has been begun to elaborate a census of families who are in irregular situation in the zone.557 On 5 June 2007, in San Julian - Santa Cruz, Bolivia, approximately 150 Families were attacked by police. The families are living in 14 hectares of land located in the April 15th neighbourhood of San Juliรกn. Fifteen people were injured in the clash - men, women and children. The assault took place when uniformed policemen, complying with an eviction order, used tear gas and buckshot. The eviction order was issued in April 2007 by the judge of the State jurisdiction. The claimed owner of the land had already tried to evict the people twice without success. The families allege that the area is public land.558 2008 On 10 April 2008, in Cotoca, approximately 100 families were threatened with eviction as a result of a court order. The eviction was requested by a company that claims to own the area.

Earlier, even prior to the court order, hundreds of police had attempted to evict the families.559 On 25 November 2008, in Marbรกn, approximately 80 families of the Menonita community were threatened with eviction as a result of being deprived of their land documents by the illegal soil trade. Other local residents have supported the community and gone on strike in protest.560 On 4 December 2008, in Beni, people were threatened with eviction as a result of illegal soil trade. The land is part of the redistribution plan of President Evo Morales.561

556 Agencia Digital de Noticias de Rio Negro, Organismo nacional interviene en posible desalojo de ladrilleros de Cordero, 17 December 2008, http://www.adnrionegro.com.ar/index.php?option=com_content&task=view&id=11945&Itemid=1; and Rio Negro Online, Los ladrilleros de El Arroyon resistiran si son desalojados, 12 December 2008, http://www.rionegro.com.ar/diario/2008/12/12/1229054458264.php 557 http://www.prensaescrita.com/diarios.php?codigo=BOL&pagina=http://www.lostiempos.com 558 http://www.eldiario.net/ 559 El Mundo, Violencia en intento de desalojo de terrenos en via a Cotoca, DATE? http://www.elmundo.com.bo/Secundarianew.asp?edicion=23/04/2008&Tipo=Policial&Cod=7105 560 http://www.laprensa.com.bo/noticias/13-11-08/13_11_08_alfi2.php; 561 El Universal, Gobierno boliviano ordena desalojo de colonia menonita, 4 December 2008,

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Brazil 2007 In Ilhéus, Bahia State, members of the the Tupinambá indigenous community were threatened with eviction by a Federal Police task force of 120 men on the basis of a court order. The areas in question are included in the Tupinambá native lands and are being regularized by FUNAI (Fundacao Nacional do Indio – National Foundation for Indigenous Peoples) since the beginning of the decade. Many times FUNAI has attempted negotiations to avert the violent eviction of the indigenous people, which is now about to happen. In the area in question, there are dozens of habitations built by the Tupinambá's in the last years, with hundreds of residents, plantations and a flour house equipped with resources from the Social Development Ministry and organised through the native identification program of the Environment Ministry.562 In São Paulo , approximately 60 families were threatened with eviction after they camped in front of the buildings at the Barão de Piracicaba street for more than 15 days. Officers from the City Hall and police threatened the families, but the families rebuilt their camp after being forced to leave once.563 On 9 January 2007, in Macapá, Amapá , approximately 15 families were threatened with eviction as a result of a lawsuit filed by the Municipal Government with the support of the Public Prosecutor. The families had occupied an area belonging to the Company of Water and Sanitation of Amapa (Caesa), located at Francisco Alves Correa St. The Public Prosecutor of Environment, Dra. Ivana Cei, said the area is insecure and not suitable for residing in.564 On 10 January 2007, in Bracui, Rio de Janeiro, two communities, one with 2,000 families and the other with 90 families were threatened with eviction as a result of lawsuits filed by the landowner. Both are quilombo communities and are threatened with eviction. he National Institute of Agrarian Reform is supporting the communities' demand to remain in the area and is trying to intervene in the judicial process on their behalf.565 On 13 January 2007, in Santana, Amapá, approximately 400 people were threatened with eviction as a result of a lawsuit filed by the enterprise Lemos Construção and its owner. The Commander of the 4º Jurisdiction of the Distrital Police and other officials informed the inhabitants that the court order must be obeyed by the next day. The 311 hectares of land are of high value and part of it had already been sold by the owner to private third parties. She decided not to negotiate about the land with the Land Institute of Macapa. The majority of the inhabitants are from other Brazilian States such as Pará, Maranhão, Ceará and Piaui, who have come to Macapa looking for jobs and a place to live.566 On 16 January 2007, in Araras, Sao Paulo, 200 families were threatened with eviction as a result of Interesses da prefeitura municipal de Araras/SP . As famílias estão acampadas em terreno urbano da Prefeitura Municipal de Araras e reivindicam a construção de moradias

http://politica.eluniversal.com/2008/12/04/int_ava_gobierno-boliviano-o_04A2156765.shtml 562 ANAÍ - Associação Nacional de Ação Indigenista (National Association of Native Action) 563 National Forum of urban Reform. National Union for Popular Housing (UNMP). dito_cmp@yahoo.com.br 564 http://jdia.leiaonline.com.br/index.pas?codmat=23111&pub=1 565 Daniel FASE /DESC (campanhamarambaia@yahoogrupos.com.br) 566 http://jdia.leiaonline.com.br/index.pas?codmat=23280&pub=1

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populares pela administração municipal. A tensão é crescente no terreno ocupado pelo Movimento dos Sem Casa. . .567 **** PORTUGUESE On 17 January 2007, in Moinho slum in São Paulo (SP), approximately 2,000 people were threatened with eviction by the Municipal Government, which claimed that they were settled in a risky area as the houses were constructed along a rail track and toxic substances were present. A decree issued by the Municipality to expropriate the area was used to try to evict the community in October 2006. The Public Defender said that he is working to halt the eviction.

He claims it is a social cleansing policy that is being implemented by the Municipality in Sao Paulo against tenants, street population and rubbish gathers. The Public Defender is studying the possibility of legal avenues to halt the eviction.568 On 2 February 2007, in Itapetininga, São Paulo State, peasants of the Landless Workers Movement (MST) were threatened with eviction from the Sapituba farm. This was despite the fact that the farm had been expropriated by the National Institute of Agrarian Reform and was declared an unproductive area.569 On 2 February 2007, in Diamante do Oeste, Parana State, approximately 30 people were threatened with eviction as a result of a court order by the judge of first jurisdiction of Matelândia, who ruled in favour of the landlord of Farm Agropecuária Três Pontos and ordered the eviction of occupiers of the farm. The National Institute of Agrarian Reform (INCRA) said that there is a plan to buy the area. According to the Landless Workers Movement (MST), the occupation was intended to put pressure on INCRA to accelerate the expropriation process.570 On 7 February 2007, in São Paulo 468 families were threatened with eviction from a building named Prestes Maia. The eviction was ordered by the local court in 2003, but implementation had been postponed due to legal appeals and social mobilization. The building is private and the owner owes a huge debt to the City Hall as property taxes have not been paid. The inhabitants say that the vacation of the building is part of a cleansing policy being implemented by the Municipality of Sao Paulo in order to expulse the poor from the central areas. The City Hall signed an agreement with the Movimento dos Sem Teto do Centro - MSTC (Down Town Homeless Movement) in order to find a provisional solution for the resettlement of the families. Based on this agreement and by the request of the Public Defender, the judge agreed to postpone the eviction for some time in order to allow the Municipality to make proper arrangements for the resettlement.571 On 8 February 2007, in Pedro Osório (Rio Grande do Sul state), approximately 250 people were threatened with eviction after a federal judge ordered members of the Landless Workers Movement (MST) to vacate the sidewalks of highway BR 116, within the cities of PelotasJaguarão, which been occupied since 30January. According to the judge, the order was issued as the highway BR 116 and its sidewalks are public property.572 On 11 February 2007, in Salvador, Bahia State, approximately 60 families were threatened with eviction by the owner of the building where the families live. The previous week the families occupied the building. The social movement leading the occupation states that the families 567 Alexandre REPED (Rede Popular de Estudantes de Direito) e Carlos Gaio (cgaio@global.org.br) 568 Agência Carta Maior (http://cartamaior.uol.com.br/templates/materiaMostrar.cfm?materia_id=13313) 569 MST (www.mst.org.br) 570 http://www.parana-online.com.br/noticias/index.php?op=ver&id=259671&caderno=3 571 Ivanete Araujo (Frente de Luta por Moradia) e CMI (Centro de Mídia Independente http://www.midiaindependente.org) 572 http://www.jfrs.gov.br/noticias/noticia_detalhes.php?id=13335

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will remain there for an indefinite period as the building has been unoccupied for the last 13 years and has not been fulfilling any social function.573 On 22 February 2007, in Porto Alegre, approximately 130 families were threatened with eviction as a result of a court order issued on behalf of a private enterprise. The families had occupied the building shortly before as they were living in hazardous surrounding areas and were waiting for the municipality to provide them land and housing. 574 On 24 February 2007, in Manaus, Amazonas State, approximately 1,000 families were threatened with eviction by the State Government of Amazonas, which is implementing a project to clean and to drain the mainstream Cachoeirinha (Prosamin Project). Initially, the project envisaged the resettlement and/or provision of compensation to the families living beside the stream. However, the Government did not fulfil the agreement and the families are beeing resettled in improper areas located on the outskirts of the city, without adequate services and infrastructure. The Government officials in charge of the project have, with the support of the State police, been intimidating the inhabitants and the community leaders to accept their offer of inadequate resettlement.575 On 27 February 2007, in Altamira, State of Para, five indigenous communities were threatened with eviction as a result of the construction of the Belo Monte Dam on Rio Xingu. Since 1989, popular movements mainly constituted by indigenous peoples and supported by national and international NGOs have been struggling against the dam's construction. The Federal Government withdrew its first project draft and designed an alternative project to respond to some of the movement's claims. The new plan diminished the area to be flooded (from 1,200 Km² to 400 Km²), but managed to maintain the amount of energy that would be produced at 11,182 MW. Such enormous production would make the plant one of the largest producers in the world. Recently, the Federal Regional Tribunal suspended the Legislative Decree which authorized the beginning of the construction, as it was considered unconstitutional because the indigenous communities had not been consulted about the construction of the dam. The lawsuit was filed by the Public Ministry.576 On 28 February 2007, in Osasco, São Paulo state, 150 families were threatened with eviction in the settlement of Chicco Mendes. The communities of Carlos Lamarca and the occupation areas of Jardim Ingá, Jardim das Palmas e Jardim Vital (Association Periferia Ativa) protested, demanding renewal of rent subsidies granted by the State Government. If they are not renewed by the Government the families living at the Chico Mendes settlement will be evicted from the houses rented by them.577 On 7 March 2007, in the Municipalities of Abdon Dias and Campos Novos, State of Santa Catarina, 70 famillies belonging to the quilombo community of Invernada dos Negros, were threatened with eviction as a Farmers' Association contested the demarcation and titling process being implemented by the National Institute of Agrarian Reform (INCRA). The quilombo Invernada dos Negros was recognized by the Brazilian State in 2004 and the community claims an area of 8,000 hectares.578 On 19 March 2007, in Curitiba, State of Parana, the inhabitants of Vila Verde, in the Industrial Area of Curitiba (CIC), attempted to invade another area, located on the corner of streets 573 574 575 576 577 578

http://www.correiodabahia.com.br/ Leaders of the occupation, personal communication.

National Forum of Urban Reform http://www.radioagencianp.com.br/index.php?option=com_content&task=view&id=2011&Itemid=1 Brasil de Fato (www.brasildefato.com.br) Fonte: Instituto Nacional de Colonização e Reforma Agrária de Brasília/DF.

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Romeu Felipe Bacellar and Emílio Romani, as they claimed it was impossible to afford rent payments and the area in question was empty. The Municipal Guard intervened and prevented the group from building houses, although lots were demarcated.579 On 26 March 2007, in Feira de Santana, State of Bahia, the State General Attorney presented a demand against a number of families, the majority of whom are state civil servants who have been living and working in public schools for 40 years. The Attorney said the families cannot allege adverse possession against the State because it is a public area and, based on public interest, the schools must be vacated and used only for classes.580 On 22 March 2007, in Belo Horizonte, Minas Gerais State, approximately 300 families were threatened with eviction. The community of Novo Lajedo has been living in the area for 6 years, which was abandoned when it was occupied by them. A judicial order to vacate the land was issued on behalf of the supposed owner, who still has not proven his ownership over the area. The community has sought to place its views before the State Chamber of Councilmen and the State Secretariat of Housing, but has been unsuccessful in its attempt.581 On 27 March 2007, in Araucária, Parana State, approximately 15 gypsy families were threatened with eviction as a result of a court order in a suit filed by the Municipality of Araucária. The alleged reason for the eviction is that the community does not comply with hygiene standards required by municipal ordinances, such as rubbish collection and disposal.

The camp is located beside the Municipal Chamber of Councilmen. The Municipality has also cut off the water connection to the area and is planning to cut access to electricity too, as a way to put more pressure on the families to leave the area.582 On 19 April 2007, in Itapetininga, Sao Paulo, approximately 50 families in farm Sapituva and 180 people of farm Boi Gordo were threatened with eviction. The police had been deployed in the farm Sapituva and Boi Gordo as an attempt to negotiate their staying in the area for some extra days. The families are waiting to be notified of the judicial order for eviction. According to representatives of the Landless Workers Movement (MST), the families are not willing to leave the area, as it belongs to the Union.583 On 19 April 2007, in Rio de Janeiro, approximately 20 families were threatened with forced eviction due to a lawsuit proposed by the landowner. The City Hall of Rio de Janeiro is supporting the owner. The eviction relates to two houses that were occupied eight months ago, in the region of Largo do Boticário. The occupiers created the Confederação dos Tamoios, as the majority of the inhabitants work as street vendors at Largo do Machado square and its surroundings. To defend the occupiers, the International Coalition of the Homeless (Fist), an organisation that works in the support of land invasions, filed a law suit to try to secure the people’s tenure over the land. The case has not yet been heard.584 On 24 April 2007, in the municipality of Imperatriz, members of the indigenous communities Krahô, Apinajé and Krikati were threatened with eviction as a result of the construction of the dam Retiro, on the border between the States of Tocantins and Maranhão. A court however

579 580 581 582 583 584

http://www.parana-online.com.br/noticias/index.php?op=ver&id=268647&caderno=3 http://www.correiodabahia.com.br/poder/noticia.asp?codigo=124968 CMI (Centro de Mídia Independente - http://www.midiaindependente.org) http://www.parana-online.com.br/noticias/index.php?op=ver&id=270457&caderno=3 MST (http://www.mst.org.br) CMI (Centro de Mídia Independente - http://www.midiaindependente.org)

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held that environmental studies should be carried out, in order to consider the impact of the construction of the dam over indigenous lands and small peasants.585 On 25 April 2007, in Itapecirica da Serra, State of Sao Paulo, approximately 800 families were threatened with eviction. The eviction is still imminent. The families occupied an abandoned area belonging to the Itapecerica Golf Course Society in March 2007. An agreement was concluded between the State Housing Secretariat of Sao Paulo, the Ministry of the Cities and the City Hall of Itapecirica, by which the State is supposed to negotiate with the owner to avoid a violent eviction; the Municipality is to find an alternative area to relocate the families and the Union will be in charge of buying this alternative area. About 900 homeless families blocked the roads of Regis Bitencourt, Raposo Tavares and Castelo Branco, in protest against the planned eviction. According to the leaders of the Movement of Homeless Workers, during the demonstration the state police used tear gas against the participants, and 3 people were injured.586 On 25 April 2007, in Janaúba, State of Minas Gerais, more than 300 families were threatened with eviction when occupying the farm Novo Horizonte. The eviction was attempted by 30 military policemen, who tried to implement the eviction without a judicial order. The farm area was surrounded by armed military police. The situation in general was tense in the north of the State of Minas Gerais. Many landless workers had been suffering violence carried out by landlords who deal with agro-business. In February 2007 one worker was killed by the security guards of V&M enterprise, in Bocaiúva. Later, two other workers were injured by private security in Janaúba.587 On 7 May 2007, in Rio de Janeiro, residents of the Senzala of Farm Machadinha, Quissamã, who have been living in the area since 1888, are being threatened with eviction by the City Hall of Norte Fluminense, located 234 km away from Rio de Janeiro. The quilombolas were forced to sign an agreement to use the land only for a specified time, although they have been living in the area for more than 100 years. The Mayor barred them from working and planting on the land.588 On 10 May 2007, in Jundiaí do Sul, Parana State, approximately 150 families were threatened with eviction from Monte Verde Farm as a result of an injunction order. The State Secretariat of Public Security (SESP) said it is ready to carry out the eviction order, but is waiting for the judicial order and possible negotiations between the affected parties for a peaceful resolution.

According to the newspaper Tribuna do Vale, from Santo Antônio da Platina, the City Hall of Jundiaí do Sul is participating in the negotiations. The landless peasants want to remain in the area, as they say they have invested in rice, bean and corn plantations.589 On 15 May 2007, in Goiânia, approximately 17 families were threatened with eviction after they occupied 16 abandoned houses on Setor Real Conquista. The Housing Agency of Goianina (AgeHab), responsible for the construction of the houses, filed a law suit and demanded that an urgent order be issued against the families.590 On 22 May 2007, in Mogi das Cruzes, Sao Paulo, approximately 20 families were threatened with eviction in the District of Jundiapeba. They had tried to buy the area where they live, which belongs to the Santa Casa. However, the Department of Land Usage of the State 585 586 587 588 589 590

http://www.socioambiental.org/manchetes/ Agência Carta Maior (http://cartamaior.uol.com.br) MST (http://www.mst.org.br) Joelina Cândida Alves, do Observatório Quilombola (http://www.koinonia.org.br) cidades@parana-online.com.br Centro de Mídia Independente (http://www.midiaindependente.org)

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Government is opposing the transaction. The families fear that they will be evicted, but the Mayor is supporting them. 20 families asked to leave the area for fear of being evicted. The group is demanding legal support from the Mayor and a solution to the eviction threat. They live in an environmentally protected area.591 On 25 May 2007, in Ponta Grossa, Parana State, approximately 80 people were threatened with eviction. Twenty days after being evicted from the São Francisco farm, in Ponta Grossa, members of the Landless Workers Movement (MST) had re-occupied the area. There is no new judicial order to evict the families. The landlord is a colonel of the Military Police, who has already filed a case seeking an order to evict the families again.

On 29 May 2007, in São Paulo, approximately 800 members of the Movement of Homeless Workers (MTST) were threatened with eviction after they occupied the City Hall and the Housing Secretariat of Taboão da Serra on 28 May. The occupiers demanded a return to negotiations on expropriating an area on Parque Laguna for constructing social housing. Four people were arrested. One policeman was injured. The protesters left the City Hall and remained in front of the building. The landowners of Parque Laguna owe more than US$ 7 million to the Municipality and intend to negotiate by conceding the area to the Municipality.592 On 13 June 2007, in Rio de Janeiro , approximately 54 families were threatened with eviction from high rise buildings Noêmia Nunes, in Olaria. Earlier evictions were carried out by the state military police with dogs and shotguns. The eviction order was issued by a judge. The families are organised by a local Tenants Association. The State Land Institute of Rio de Janeiro carried out a study in order to take over the area on behalf of the families.593 On 15 June 2007, in Senador Canedo, approximately 185 families were threatened with eviction from high rise buildings named Conjunto Sabiá, in Senador Canedo, due lack of payment of interest. In December, the one year time extension granted by the Federal Savings Bank (CEF) to the inhabitants expired. The extension was given as part of an agreement signed with the intervention of the Public Prosecutor.594 On 17 June 2007, in São Paulo (SP), approximately 70 families were threatened with eviction from the slum Jardim Panorama, south zone of São Paulo. They are being offered a payment of US$ 20,000 by the real estate and construction company JHSF to leave the area, which will be part of the Parque Cidade Jardim, a compound that will encompass a shopping centre and luxury residential and commercial houses and will cost US$ 700 million. The company entered into an agreement to vacate the area by paying around US$ 1.4 million to the families in order to avoid filing a lawsuit. Around 70 families will be paid to leave the area. The occupied area will be used for the expansion of the green area of the compound. Part of the area of the slum, belonging to the municipality of Sao Paulo, will remain and will be separated from the compound by a wall. However, the municipality is trying to evict the inhabitants living there too.595 On 27 June 2007, in São Paulo, 80 people were threatened with eviction from an area located beside the bus terminal of Santo Amaro. The eviction order is based on a decision that allows

591 592 593 594 595

Prefeitura Municipal de Mogi das Cruzes (http://www.pmmc.com.br) Centro de Mídia Independente (http://www.midiaindependente.org) Confederação Nacional das Associações de Moradores - CONAM (http://www.conam.org.br) Portal Canedo (http://portalcanedo.com.br) Folha de São paulo e http://noticias.terra.com.br/brasil/interna/0,,OI1693402-EI8139,00.html

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the landowner to build a university in the area. There is contradictory information about the ownership of the area; it is unknown if it belongs to a private owner or if it is public land.596 On 30 June 2007, in Aracajú, approximately 60 families were threatened with eviction as the City Hall is seeking to relocate families living in inadequate housing in the region Coroa do Meio. While the new houses are being constructed, the families were placed in rented houses by the City Hall. However, some of them received eviction orders.597 On 1 July 2007, in Região de Marabá, Para State, approximately 2,000 families were threatened with eviction after five orders of reinstatement were issued by the Marabá Agrarian Court of Justice. These pertained to: Reflorestamento Água Azul II Farm - Breu Branco; 2. Mutamba Farm - Marabá; 3. Santa Maria Farm - Eldorado dos Carajás; 4. São Marcus Farm Parauapebas. The proposed evictions were part of the Tocantins Operation.598 On 9 July 2007, in Coroa do Meio, Municipality of Aracaju, approximately 9 families were threatened with eviction as a result of living in city hall houses though they were not registered to reside there. These families received a proposal for compensation or relocation, to which, as on the date of the report, only one had agreed.599 On 20 July 2007, in Minas Novas, Minas Gerais State, a quilombo community was threatened with eviction as a result of pressure from big farmers, firms and others, though the Land Institute had already demarcated their lands.600 On 21 July 2007, in Francisco Beltrão, Parana State, members of the Landless Workers Movement (MST) who had occupied Araçá Farm, located in Marmeleiro, were threatened with eviction due to court proceedings. They had already faced an earlier eviction on 12 June, after which they reoccupied the land.601 On 28 July 2007, in Conceição da Barra, Espirito Santo State, approximately 500 people of various quilombo communities were threatened with eviction after they occupied areas belonging to the multinational Aracruz Celulose. The objective of the action was to force the delimitation of the recognized quilombola area by INCRA (National Institute of Agrarian Reform), which was being delayed.602 On 29 July 2007, in Jamaica Farm, Mato Grosso do Sul State, approximately 300 peasants belonging to CONTAG (the agricultural workers' federation) were threatened with eviction after they occupied farms in Mato Grosso do Sul state that belonged to a Reverend. The property is one of the 43 that belong to the association in the region that the National Institute of Colonization and Land Reform (INCRA) attempted to expropriate but, due to court cases, it had still not been released for agrarian reform. The association’s lawyer said that he would ask for reinstatement of ownership over the farm.603 On 4 September 2007, in Rio Branco do Ivaí, Parana State, approximately 1,000 families were threatened with eviction from the Mestiça farm. The workers, members of the Landless

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Centro de Mídia Independente (http://www.midiaindependente.org) Infonet (http://www.infonet.com.br/noticias/ler.asp?id=61568&titulo=Noticias) http://quaradouro.blogspot.com/2007/07/entidades-denunciam-despejos.html www.infonet.com.br/noticias/ler.asp CEDEFES - Centro de Documentação Eloy Ferreira da Silva (http://www.cedefes.org.br) www.paranaonline.com.br Centro de Mídia Independente (http://www.midiaindependente.org) http://www.atarde.com.br/brasil/noticia.jsf?id=774212

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Workers Movement (MST), are from Manoel Ribas camps, Pitanga and Jardim Alegre. The farm belongs to Maria Antonieta de Junqueira Neto Cordeiro, who lives in São Paulo.604 On 4 September 2007, in Cornélio Procópio e Nova Fátima, Parana State, approximately 600 families were threatened with eviction after the Landless Movement occupied the Santa Alice farm, situated between Cornélio Procópio and Nova Fátima counties. The farm belongs to private individuals, but had already been offered to the National Institute of Colonization and Land Reform (INCRA) for use in agrarian reform.605 On 14 September 2007, in Sao Francisco do Paraguaçu, Bahia State, approximately 300 families from the São Francisco do Paraguaçu quilombola community were threatened with eviction as a result of court cases filed by farmers of the region since 2005. On 22 August, in a case filed by the farmer Rita de Cássio Salgado de Santana, the Federal Substitute Judge from the 11ª court house Fábio Rogério França Souza ruled in favour of the farmer and against the community. Following the order, there were reports of daily threats to the quilombolas, as well as secret preparations by military police. These have been the subject of an inquiry by the Cruz das Almas Military Police Command.606 On 18 September 2007, in Caçador, Santa Catarina State, approximately 200 families were threatened with eviction after landless agriculturists occupied an area of 1,500 hectares. The farm is situated in Caixa D'água community, 6 km from the city, and presently is administered by the Agriculture Research Business and Rural Expansion of Santa Catarina (EPAGRI).

EPAGRI uses part of the area for research and leases the rest to local rangers. The landless agriculturists argue that the leased land should be used for agrarian reform.607 On 18 September 2007, in Aparecida de Goiânia, Goias State, approximately 850 families were threatened with eviction as a result of a court order favouring the owners of residential allotments. Representatives of the dwellers were to meet with the Crisis Management Commission.608 On 21 September 2007, in Rio Pelotas, approximately 250 families were threatened with eviction as a result of the Paiquerê Hydroelectric power station, which is part of the Federal Government's Energy Plan. Other hydroelectric power stations will also be constructed in the same river. The project will flood more than 80 sq kilometers and displace 250 families that live in the area. Environmentalists have argued that the projects pose a serious threat to local biodiversity.609 On 21 September 2007, in São Paulo, São Paulo State, approximately 120 families were threatened with eviction. The families had lived in the area for more than five years, but the land apparently belongs to a private land owner. No relocation was provided as the law allows for such evictions in case of irregular land occupations, even in the absence of a court order.610 On 6 October 2007, in Curitiba, Parana State, 585 families were threatened with eviction at Vila Araguaia, in Capão da Imbuia, Curitiba. Many of the residents have been living in the area for over 20 years and have already constructed permanent houses. The settlement is consolidated, although irregular in legal terms, as the families do not have land titles. The 604 605 606 607 608 609 610

http://www.mst.org.br/mst/pagina.php?cd=4143 http://www.mst.org.br/mst/pagina.php?cd=4143 http://br.groups.yahoo.com/group/encontro_juventude_negra_rj/message/542 http://www.mst.org.br/mst/pagina.php?cd=4204 GOIÁS AGORA - http://www.noticiasdegoias.go.gov.br http://www.mst.org.br/mst/pagina.php?cd=4230 National Forum of Urban Reform/Brazil

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private owner of the land sold the plots illegally and in violation of municipal ordinances regarding division of and development of the area. The area of land in question is more than 130,000 sq m. The land owner, Mr. Julio Reginato has sold many other plots in the same irregular fashion, such as in Vila Autódromo, Florianópolis and Nossa Senhora Aparecida. The selling commenced in 1984, when another man, started a lawsuit alleging adverse possession over the area and sold some plots. The inhabitants then contested the demand and won it against this third person. In 1992, yet another person started selling plots irregularly in the area.

The landlord filed a lawsuit against the buyers, in 1998, and achieved a positive response from the Judiciary. The rest of the families fear that he will file lawsuits against them seeking for their eviction. Currently the municipality is legalizing the settlement and the landlord wants it vacated. The inhabitants allege that they have bought the plots and have contracts signed with the sellers. They paid between US$ 2,000 and US$ 3,000 per plot. At that time, the area lacked basic infrastructure and adequate housing conditions. The State Housing Company is helping the inhabitants to organise.611 In November 2007, in São Paulo, 80 families were threatened with eviction at the Zumbi dos Palmares (Campo River Plate) occupation, where they had been living for more than four years. A court order had been issued against them.612 On 7 November 2007, in Coqueiro Seco, Alagoas State, approximately 120 families were threatened with eviction. The families are facing an eviction order by the State Justice, who ruled that the landless from Humaitá Farm should be evicted. Before the occupation the property was being investigated by the police as it was used for criminal activities. After the occupation these activities had stopped.613 On 6 December 2007, in Quilombo Community Acauc, at Pogo Branco, Rio Grande do Norte State, approximately 56 families were threatened with eviction by a lawyer of a former owner.

The lawyer sent three men to the quilombola community, at the Gameleira farm, who threw gasoline on and set fire to ten houses in which some of the 56 families used to work. Days earlier this same lawyer had pressed charges of invasion, accusing the community of occupying the area. According to an inspector from the National Institute of Colonization and Land Reform (INCRA), a court case is pending about Gameleira farm, and everything points to the victory of the Acauc community as owner of the land. The anthropological record is ready and the current owner didn't contest the expropriation by the government in time.

2008 On 16 January 2007, in Candelária Porto Velho, Rondônia, families occupying public land were threatened with eviction as a result of a court order. The families said they would resist any such eviction. The land was given to the City Hall by the Federal Government for construction of public housing.614 In February 2008, in Porto Dantas, Sergipe, approximately 42 families were threatened with eviction as a result of an administrative order. According to the families, who have lived in the area for over 15 years, the Government is not providing fair compensation.615

611 parana-online.com.br 612 National Forum of urban Reform. National Union for Popular Housing (UNMP). dito_cmp@yahoo.com.br 613 http://www.alagoas24horas.com.br/conteudo/index.asp?vEditoria=&vCod=37360 614 http://www.rondonoticias.com.br/showNew.jsp?CdMateria=70105 615 http://www.infonet.com.br/noticias/ler.asp?id=70033&titulo=Noticias

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On 3 February 2008, in Pontal do Paranapanema, Parana State, 300 families belonging to the Landless Workers Movement (MST) who had occupied land in four farms the previous week were threatened with eviction by the owners of the farms. The owners demanded that the occupants leave the lands peacefully, failing which the owners would file a court case and have them evicted forcibly.616 On 2 April 2008, in Ortigueiro, approximately 200 families were threatened with eviction after they occupied the Coopramil farm in protest at the death of a landless worker. The owner of the farm had been arrested on suspicion of participating in the murder of the worker. The death took place when unidentified armed men evicted the families from their earlier occupation; the victim was killed in his house in front of his family members. The victim had been among the local leaders of the movement.617 On 11 April 2008, in Campinas, approximately 1,000 families were threatened with eviction as a result of a court order. The families, members of the MTST Homeless Workers Movement, had occupied a private area in protest at the lack of housing. The city authorities refused to negotiate or to consider a mediated solution. They accused the families of attempting to jump the waiting list of those awaiting housing.618 On 17 April 2008, in Agudos, rural workers were threatened with eviction as a result of a court order. The workers had occupied a farm of the Ambev Company earlier. A court ruled in favour of the company. The workers said the National Institute of Colonisation and Agrarian Reform (INCRA) had determined that the area was unproductive and could be expropriated.619 On 24 April 2008, in Campos do Goytacazes, approximately 200 families were threatened with eviction as a result of a court order. Under the aegis of the Landless Workers Movement (MST), the families had occupied the S찾o Crist처v찾o farm owned by a hotel group named Othon. A court ruled against the families, who feared that they would be evicted by the police.620 On 29 April 2008, in Bauru, approximately 600 families were threatened with eviction as a result of pressure by local farmers. The Landless Rural Workers Movement has occupied a property named Cutrale Farm as part of a national struggle called Red April. The workers said the area belongs to the Federal Government and that the use of the area by a private company is illegal. The owners filed a court case and the court ruled in their favour; military police were reported to be preparing to evict the families.621 On 1 May 2008, in S찾o Paulo, approximately 75 homeless families were threatened with eviction as a result of a court order. The families had occupied a commercial building four months earlier. The families have also been threatened by the military police.622

616 http://www.estadao.com.br/nacional/not_nac119370,0.htm 617 http://portal.rpc.com.br/gazetadopovo/vidaecidadania/conteudo.phtml?tl=1&id=752836&tit=Integrantes-doMST-voltam-a-invadir-fazenda-apos-enterro-de-colega 618 http://www1.folha.uol.com.br/folha/cotidiano/ult95u391087.shtml 619 http://oglobo.globo.com/pais/mat/2008/04/17/em_nota_mst_diz_que_pm_interrompeu_manifestantes_que_s e_dirigiam_bauru-426921066.asp 620 http://quest1.jb.com.br/extra/2008/04/29/e290414916.html 621 http://www.estadao.com.br/nacional/not_nac164910,0.htm 622 http://quest1.jb.com.br/extra/2008/05/01/e010515528.html http://www.estadao.com.br/geral/not_ger179465,0.htm

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On 1 May 2008, in Sonora, approximately 600 families were threatened with eviction as a result of a court order. The families had occupied a building belonging to the Usina Agrícola of Sonora. According to the City Hall the area is to be used for the construction of public housing and a court has ordered that the families be evicted.623 On 4 July 2008, in Cuiabá, approximately 80 families were threatened with eviction as a result of a court order. The families were seeking the intervention of the Commission of Ongoing Land Conflicts of the State Government to avert the eviction. The families were not represented in the court proceedings.624 On 16 July 2008, in Campo Grande, approximately 60 families were threatened with eviction from an area named Santa Emilia. The homeless families had occupied the land as a protest.

The military police arrived, but did not have a court order and hence did not carry out the eviction. The Municipality indicated that there is a waiting list of 25,000 people awaiting housing.625 On 21 July 2008, in Maceio, approximately 480 families were threatened with eviction as a result of a court order. The families were occupying a building constructed by the Residential Location Program of the Federal Government. The families are attempting to negotiate and to have the court order suspended. The families' lawyers say that not all the families have been served the required legal notice of the eviction.626 On 31 July 2008, in Natal, several families were threatened with eviction by a group of armed men. The armed group pulled down the wall of a residence and threatened the residents, claiming to represent the owner of the land. The families have been living in the area for two months .627 On 31 July 2008, in Pureza, approximately 40 families were threatened with eviction as a result of a court order. Some of the families say they have been living in the area for more than 40 years. The police had already destroyed four houses earlier. The owners say that while they do not have any final plans for the area, they want all the houses demolished to as to prevent a reoccupation by the peasants. 628 On 18 August 2008, in Natal, approximately 40 families were threatened with eviction as a result of a court order. The families had occupied houses that were being constructed by the Government. The Government filed a case and the court ruled in the Government's favour.

The families however resisted eviction.629 On 24 August 2008, in 43 cities of the state of Piaui, approximately 2,000 families were threatened with eviction as a result of an administrative order. The houses had been bought from the Empresa de Gestão de Recursos do Piauí (Emgerpi) Company, a state company, but the families had not failed to meet deadlines for payment.630

623 http://www.correiodoestado.com.br/?conteudo=noticia_detalhe&idNoticia=9638 624 http://www.gazetadigital.com.br/digital.php?codigo=66428&GED=6087&GEDDATA=2008-0704&UGID=478e71218fc7d1ed43f1348175778210 625 http://www.midiamax.com/view.php?mat_id=335019 626 http://www.alagoas24horas.com.br/conteudo/?vEditoria=Macei%F3&vCod=50306 627 http://diariodenatal.dnonline.com.br/site/materia.php?idsec=2&idmat=173088 628 http://diariodenatal.dnonline.com.br/site/materia.php?idsec=2&idmat=173202 629 http://diariodenatal.dnonline.com.br/site/materia.php?idsec=2&idmat=173433 630 http://180graus.brasilportais.com.br/politica/governo-vai-despejar-duas-mil-familias-em-43-cidades36717.html

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On 28 August 2008, in Maceio, some families were threatened with eviction as a result of a court order. The federal public bank of Brazil - Caixa Econômica Federal – was attempting to evict the occupants of houses constructed under a federal program, as per the orders of a federal judge.631 On 24 September 2008, in Curitiba, approximately 10, 000 people were threatened with eviction as a result of a court order. The protesters had occupied the land eighteen days earlier.

The land belongs to a company named Vanura Empreendimentos Imobiliários.632 On 27 September 2008, in Manaus , approximately 4,000 people were threatened with eviction as a result of a court order. The Manaus City judge directed the eviction of protesters who had occupied an area in the northern part of the city the previous week in protest at the lack of housing.633 On 29 September 2008, in Jaboatão dos Guararapes, families from the communities of Vila Esperança and Portelinha were threatened with eviction as a result of a court order. The order was requested by the State Government. The families protested in front of the State administration building.634 On 5 October 2008, in Cantá, a group of agriculturists from the rural settlement of Patoá claimed they were being threatened with eviction by the big landowners of the region. Around 30 families camped in the area, demanding the intervention of the Government.635 On 4 November 2007, in Porecatu, approximately 2,000 members of the Landless Workers Movement (MST) were threatened with eviction. The protesters had occupied the Variante farm near Curitiba the previous week. The movement occupied the farm in protest after the Public Ministry found 17 rural workers who were being subjected to terrible work conditions, similar to slavery. The owner of the farm claimed to have obtained a court order for eviction.636 On 6 November 2007, in Uberlândia, members of the Landless Workers Movement (MST) were threatened with eviction as a result of a court order. The workers had occupied unfinished buildings belonging to the Cetro Oeste Constructor Company. Negotiations subsequently took place between the company, the workers and the local government.637 On 9 November 2007, in Rio Claro, one family was threatened with eviction by a house owner. The family had started living in the house 18 years earlier, and had been looking after the house with the owner's permission. The owner threatened them with eviction as he wished to take the house back.638 On 1 December 2008, in Embu das Artes, families were threatened with eviction as a result of a court order. The land belongs to Rosa Tereza Basilli, one of the biggest landlords of the region. The families had occupied the area three months earlier. A court however ruled in favour of the owner.639

631 632 633 634 635 636 637 638 639

http://www.primeiraedicao.com.br/?pag=maceio&cod=4441 http://www.parana-online.com.br/editoria/cidades/news/324095/ http://portalamazonia.globo.com/noticias.php?idN=72839&idLingua=1 http://jc.uol.com.br/2008/09/03/not_178934.php http://www.folhabv.com.br/noticia.php?editoria=cidades&Id=48719 http://www.estadao.com.br/nacional/not_nac272151,0.htm http://www.estadao.com.br/geral/not_ger273620,0.htm http://jornalcidade.uol.com.br/paginas.php?id=35157 http://www.mtst.info/?q=node/958

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On 14 December 2008, in Campo Grande, 128 indigenous people were threatened with eviction as a result of a court order. The families had occupied a farm which they claim is on their land. However the court ruled in favour of the farm's owner.640 Chile 2007 In La Guajira Department, indigenous people have been threatened with eviction by transnational corporations. The exploitation of coal in Cerrejรณn by South African and Anglo American enterprises, the British BHP Billiton and the Swiss Glencore has affected seven indigenous communities. The Cerrejรณn is the biggest open mine in Latin America. The companies have threatened the indigenous leaders and as a way to force them to leave, they bar the communities from accessing the parts of the territory where they can fish, hunt or plant.641 On 4 February 2007, in Corregimiento de Pasacaballos, Cartagena, approximately 35 families were threatened with eviction as a result of a municipal order issued by the District Mayor, though they claim to have proof of ownership over the land.642 On 10 March 2007, approximately 40 families were threatened with eviction from lots located at Plan de Hornos, 30 km away from Illapel. The area belongs to three landlords. The landlords want to evict the peasants, who have been living there for years. Mรณnica Bazรกn, from the department of National Public Goods, said a round table on land tenure would be created, under the province's jurisdiction, with the objective of proposing solutions to land distribution and land conflicts.643 On 20 March 2007, in Valparaiso, several families with children were threatened with eviction as they had occupied an area belonging to the Catholic church, which is now demanding that they be evicted. The area had been abandoned and the families had occupied it the previous year.644 On 14 April 2007, in Valparaiso, cultural and social workers were threatened with eviction by a bank. The Cultural and Social Centre of El Semillero works with different artists and families from around the neighbourhood. Eviction would eliminate the social gains created by this institution. An assembly was held in order to discuss and resist the eviction.645 On 26 September 2007, in Playa Norte, Punta Arenas, with the intention of building a monument in the area, the National Government requested the neighbours to leave the area and started an acquisition process. The inhabitants complain that the amount offered by the Government is not sufficient to afford a house in the same conditions they currently live. The inhabitants are afraid of being evicted by a judicial order in case an agreement is not reached shortly.646

640 http://www.midiamax.com/view.php?mat_id=353249 641 http://www.radiomundoreal.fm/rmr/?q=es/node/21268 642 http://www.eluniversal.com.co/noticias/20070204/ctg_loc_campesinos_de_pasacaballos_a_la_espera_d.html 643 http://www.diarioeldia.cl/detalle.asp?id=21812&idsec=59 644 http://valparaiso.indymedia.org 645 http://valparaiso.indymedia.org/news/2007/04/13185.php 646 http://www.laprensaaustral.cl/lpa/noticia.asp?id=27025

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Colombia 2007 On 5 April 2007, in Ciénada del Opón , approximately 22 families were threatened with eviction as a result of actions by the demobilized paramilitary group of AUC (Autodefensas de Colombia – United Self Defence Force of Colombia). According to the declaration of one of the victims, some men arrived in a car with chainsaws in their hands, warning the 22 families that lived there that they had to leave. These men said they had an eviction order in the name of a man, who, after 26 years, had appeared claiming that those lands were of his own. These men were identified as demobilized members of guerrillas AUC, and that same day they destroyed the house of one family.647 On 7 May 2007, in the Municipality of el Meta, many families were threatened with eviction as a result of fear of imminent massacres by paramilitaries. In several locations the Human Rights Commission and the communities have been trying to inform the authorities about the risks facing the peasants of the municipalities of Vista Hermosa and Puerto Rico (Meta), because the paramilitary group “Águilas Negras” has announced its intention to stage massacres in order to kill guerrilla members and collaborators.648 On 27 June 2007, in the city of Yopal, approximately 150 families were threatened with eviction as the Government was trying to retake a plot of land that has been occupied by these families. The police are claiming that they will evict the families in order to give this lot to the IDURY (Institute of Urban and Rural Development of Yopal) of the Government.649 2008 On 15 February 2008, in Valledupar, approximately 300 families were threatened with eviction as a result of an administrative decision. The execution of an eviction order against 300 families, who had occupied private land, has been suspended. They will now only be removed after being included in housing programs as a result of a compromise with the Mayor.650 On 27 February 2008, in Cali, homeless families who had occupied 53 houses were threatened with eviction as a result of an administrative decision. The houses had been allocated to other families who had had to shift due to a fire. The city administration threatened to forcibly evict the occupants.651 On 18 March 2009, in Cali, approximately 122 families were threatened with eviction as a result of a court order. The eviction had earlier been suspended, but the court ruled in favour of the municipality. The municipality proposed relocating the families to another housing project.652 On 4 April 2008, in Cartagena, residents of three properties were threatened with eviction as a result of an administrative order. The Agriculture Ministry sent an order to the Mayoralty of

647 648 649 650 651 652

http://www.vanguardia.com/2007/4/5/bar1.htm http://prensarural.org/spip/spip.php?article409 http://ftp.tvsatelite.com.co/index.php?id=103&vn=1&categoria=Local&vercategoria=1&diarias=0 http://www.lafm.com.co/noticia.php3?nt=30830 http://www.elregionalpiura.com.pe/archivonoticias_2008/febrero_2008/febrero_24/regionales_24b.htm http://www.elpais.com.co/paisonline/notas/Marzo192008/desalojofortuna%20.html

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the city to evict the occupants. However, the order was not immediately implemented due to an administrative error.653 In September, in Pereira, some families were threatened with eviction until the mayor intervened, stating that the eviction would not take place until a place to relocate the evictees was found in the housing plan. The mayor subsequently met the families to discuss relocation options.654 On 2 November 2008, in Cauca, an indigenous community was threatened with eviction after it occupied private farm land. Negotiations with the Government were unsuccessful.655 On 20 December 2008, in Alto Sinú, 232 households were threatened with eviction as a result of the construction of a hydroelectric power plant.656 Costa Rica Poverty in Costa Rica is not as extensive as other countries in the region, declining by 3.5% in 2007.657 However, according to the Government, there is estimated to be 390 shanty towns in Costa Rica, with approximately 40,000 families living in inadequate housing. Positive developments in housing policy include new legislation which was passed in 2008 levying a new property tax on ‘luxury’ houses. The new tax is used to build affordable housing for impoverished families living in shanty towns.658 2008 On 25 October 2008, in San Jose, 44 elderly persons were threatened with eviction from a home as a result of a court order. The land is to be used to construct a new highway, and the building is already surrounded by construction work. However, the residents refuse the relocation options that have been offered as inadequate. The court issued an interim order to suspend the eviction to allow for a resolution of the situation. 659 Cuba 2008 On 22 July 2008, in Sagua La Grande, the family of a political dissident was threatened with eviction.660

653 http://www.wradio.com.co/nota.asp?id=573174 http://www.elpaisvallenato.com/html/noticias/2008/abril/05/5804497Diferenciaentreminagriculturaalcaldesaca rtagena.html 654 http://www.eltiempo.com/colombia/ejecafetero/2008-09-01/aplazado-desalojo-en-el-sector-de-elplumon-de-pereira-por-choque-entre-moradores-y655 http://www.eltiempo.com/colombia/politica/uribe-e-indigenas-no-lograron-ponerse-de-acuerdo-nativosdecidieron-no-levantar-la-movilizacion_4640349-1 656 http://www.elespectador.com/impreso/nacional/articuloimpreso100701-viaje-al-corazon-del-alto-sinu 657

http://www.thefreelibrary.com/COSTA+RICA+SEES+ACCELERATED+POVERTY+REDUCTIONS. -a0171417657 658 http://www.nuwireinvestor.com/articles/costa-ricas-luxury-home-tax-targeting-shanty-towns-52294.aspx 659 El Pais, Sala IV Frena Desalojo de Hogar de Ancianos en Escazu, 25 October 2008, http://www.nacion.com/ln_ee/2008/octubre/25/pais1750423.html 660 Cuba Net, Amenazan a opositora con desalojo, 22 July 2008, http://www.cubanet.org/CNews/y08/julio08/22noticias2.html

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Dominican Republic 2007 On 22 February 2007, in Santo Domingo, approximately 170 families were threatened with eviction as a result of works by the State, in partnership with private entrepreneurs, along the rivers Ozama and Isabela. The residents allege that the government does not provide adequate resettlement.661 On 23 February 2007, in Medina, Villa Altagracia, San Cristobal province, 22 peasant communities (35,000 families) were threatened with eviction as the lots located around river Haina will be affected by the construction of the Madrigal dam. The peasants who live in this area complain that the authorities have abandoned them as there is no access to infrastructure, paved streets, access to schools and hospitals. The communities of Medina, La Cuchilla, Loma Linda, among others, live within the area where the authorities intend to build the dam. The families work or own the lands and use the river to water their cacao plantations. The Government intends to take over the communities' lands as they will increase in value after the construction of the dam, which is to start in 2009. The Corporación de Acueductos y Alcantarillados de Santo Domingo (CAASD, Corporation of Aquaducts and Sewage Systems of Santo Domingo) is in charge of the project. CAASD alleges that the environmental impact assessment shows that neither the communities nor the environment will be affected by the project.662 On 4 March 2007, in Santiago, many business men were threatened with eviction from the surroundings of the Hospital José María Cabral y Báez. They are located in the entrance of the hospital in order to sell food, fruits and vegetables as they claim they are unemployed. The hospital emergency entrance was also occupied by the informal sellers.663 2008 In Bayahíbe, people feared that they may be evicted as a result of new tourism projects, though the Government claimed that no evictions would take place.664 On 26 June 2008, in Sosúa, over 100 rural workers were threatened with eviction by the owners of the lands where they have been staying for the last 30 years.665 On 21 July 2008, in Santo Domingo, a community was threatened with eviction as a result of the construction of a bridge.666 In September 2008, in Santo Domingo, a family requested assistance from the Government after the owner of their house threatened them with eviction.667 On 20 October 2008, in Romana, hundreds of farmers were threatened with eviction as a result of Government plans to sell the lands which they are occupying. The farmers had been settled in the area under an earlier government policy.668

661 http://www.hoy.com.do/article.aspx?id=14325 e http://www.elnacional.com.do/article.aspx?id=10723 662 http://209.200.83.191/app/article.aspx?id=97359 663 http://209.200.83.191/app/article.aspx?id=98031 664 DiarioLibre, Aseguran no desalojaran en Bayahibe, 09 June 2008, http://www3.diariolibre.com/noticias_det.php?id=19521 665 http://www.elnacional.com.do/article.aspx?id=50934 666 http://eldia.com.do/article.aspx?id=52482 667 http://eldia.com.do/article.aspx?id=55187

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On 7 November 2008, in Los Haitians, a settlement was threatened with eviction after the environment department decided to remove it as it is located above a national park. The department claimed to be negotiating with the residents in order to relocate them.669 On 26 November 2008, in Santo Domingo, approximately 6 families were threatened with eviction as a result of a court order. The families claim that the court was misled with false documents.670 On 3 December 2008, in San Pedro de Macoris, approximately 100 families were threatened with eviction as a result of an administrative decision. The Mayor and the State Sugar Council, after several meetings, decided to order the eviction of about a hundred families in Santa Fe in order to make space for a sugar mill. Those evicted will be relocated, but there are complaints regarding the habitability of the relocation site.671 On 16 December 2008, in San Juan de Malagua , approximately 11 families were threatened with eviction as a result of a dispute over the ownership of the land. Nineteen years earlier, the Government, during an agrarian reform, had distributed lands to farmers. The former owners have now filed court cases to recover those lands.672 Ecuador 2007 In early 2007, in Trinitaria Island, 250 families were threatened with eviction as a result of an administrative direction from the General Direction of the Navy, which states that the inhabitants' settlement has a negative impact of the ecosystem of the region. The families have been living in the area for 10-15 years, in great poverty. They are located around a swamp.

The General Direction of the Navy did a census of the families and had indicated that the municipality would resettle them. 673 In March 2007, in Los RĂ­os, approximately 20 families were threatened with eviction as a result of not having proper title to their homes. Some of the land was later allocated to others, which the families protested. They have demanded legal recognition of the lands on which they are living.674 On 17 April 2007, in Guayaquil, six families were threatened with eviction as a result of expropriation of their dwellings by the Government. Some inhabitants of Bastion Popular, in the north eastern part of Guayaquil, declared that they would protest against the acquisition of six dwellings in order to construct a channel underground.675

668 Nuevo el Diario, Mejia reclama intervencion de LF para evitar desalojo de campesinos en la Romana, 20 October 2008, http://www2.elnuevodiario.com.do/app/article.aspx?id=124832 669 http://www.elcaribecdn.com/articulo_caribe.aspx?id=191612&guid=18B249370E064079AE25F8482E10C0F4& Seccion=3 670 DiarioLibre, Banda quiere despojar propietarios viviendas: Abogados y alguaciles estan detras del atropello, 26 November 2008, http://www.diariolibre.com/noticias_det.php?id=178888 671 Nuevo el Diario, Pide presidente detenga desalojo en SPM, 03 December 2008, http://www2.elnuevodiario.com.do/app/article.aspx?id=131116 672 http://www.barrigaverde.net/?modulo=articulos&seccion_id=2&articulo=20730 673 http://www.eluniverso.com/2007/01/19/0001/18/182DDD6E5E7D49828406A76586D578C3.aspx http://www.eltelegrafo.com.ec/ShowArticle.aspx?ID=2234&AspxAutoDetectCookieSupport=1 674 http://www.lahora.com.ec/frontEnd/main.php?idSeccion=692182 675 Diario El Comercio, Lios por expropiacion en Bastion Popular: Redaccion Guayaquil, 17 April 2007, http://www.elcomercio.com/solo_texto_search.asp?id_noticia=68799&anio=2007&mes=4&dia=17

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2008 In May 2008, in Guayaquil, approximately 360 people were threatened with eviction as a result of an administrative order. They have been residing in the area since 1954. The tenants requested that the Instituto Ecuatoriano de Seguridad Social (IESS, Institute of Social Security of Ecuador), which owns the building, come to an agreement with them regarding rent arrears.676 On 1 June 2008, in Reserva Cuyabeno, Nueva Loja (Amazonia), settlers and peasant communities were threatened with eviction from protected lands. The residents have increased in number and extended their occupation into the reserve. It is expected that the military will carry out the eviction. Experts in the area say that a better solution would be to regularize the tenure of neighboring farms and legalize indigenous communities who are in the reserve.677 On 27 June 2008, in Portoviejo, a family was threatened with eviction as a result of a court order. The neighbours joined the family in resisting the eviction as the police did not show a warrant. The police used tear gas against the family and the neighbours.678 In July 2008, in Esmeraldas, a group of people was threatened with eviction from the island Luis Vargas Torres, which they had occupied. Though the occupation did not affect the development projects in the area, it did affect the environment and the mangrove swamps. The Mayor therefore said such occupations would not be tolerated.679 On 8 July 2008, in Pastaza, indigenous people were threatened with eviction from private lands that they had occupied a year earlier in the La Merced neighbourhood in the south of Puyo.

The indigenous leaders claim these lands as their ancestral heritage. They demanded that relocation be guaranteed before they are removed. Negotiations also took place with the landowners.680 On 14 August 2008, in Manta, approximately 238 families were threatened with eviction from private lands that they had occupied in the 15 of September neighbourhood. The occupants tried to reach an agreement with the Municipality and the owners, who were interested in selling the lands. But the occupants say they cannot afford the price that the owners are asking.

The occupants' representative then complained that the owners were trying to sell the land to others.681 On 26 August 2008, in Esmeraldas, at least 60 persons were threatened with eviction from lands that they had occupied inside the Mache - Chindul (Remach) ecological reserve. The Ministry of Environment took steps to remove the occupiers, while on 30 July a court directed the police to arrest the leaders of the invasion.682

676 El Telegrafo: Primer Diario Publico, En casas colectivas se teme el desalojo, 30 May 2008, http://www.telegrafo.com.ec/guayaquilmetropolitano/noticia/archive/guayaquilmetropoli/2008/05/30/Encasas--colectivas-se-teme-el-desalojo.aspx 677 Diario El Comercio, Las invasiones ponen en serio peligro a la Reserva Cuyabeno, 18 June 2008, http://www.elcomercio.com/noticiaEC.asp?id_noticia=199802&id_seccion=8 678 El Diario: Manabita de libre pensamiento, Intento de desalojo dejo varios heridos, 27 June 2008, http://www.eldiario.com.ec/noticias-manabi-ecuador/82625-intento-de-desalojo-dejo-varios-heridos/ 679 La Hora: Lo Que Necesitas Saber, Noticias Esmeraldas: Insisten en desalojo, June 2008, http://www.lahora.com.ec/frontEnd/main.php?idSeccion=751005 680 Diario Regional Independiente: Los Andes, Ultimatum para invasores de terrenos en el barrio La Merced, 08 July 2008, http://www.diariolosandes.com.ec/content/view/8863/39/ 681 http://www.lahora.com.ec/frontEnd/main.php?idSeccion=759286 682 La Hora: Lo Que Necesitas Saber, Noticias Esmeraldas: Continua invadida la Mache-Chindul, 26 August 2008, http://www.lahora.com.ec/frontEnd/main.php?idSeccion=762566

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On 11 September 2008, in Quevedo, approximately 100 people were threatened with eviction after they occupied vacant lands, stating that, since the government was now “for all”, the land too belongs to all people. Media reports claimed the occupants were armed.683 On 23 September 2008, in Esmeraldas, approximately 150 indigenous people were threatened with eviction after they occupied lands that they claim are part of their ancestral territories. The protesters demanded that the authorities take steps to restore access to their traditional lands and to force farm owners to respect the law.684 On 26 September 2008, in Esmeraldas, approximately 400 farmers were threatened with eviction as a result of occupying private lands. The owners of a station requested the eviction as the presence of the farmers was affecting station activities.685 On 16 November 2008, in Pastaza, approximately 60 people were threatened with eviction as a result of occupying private lands two months earlier.686 On 15 December 2008, in Zamora, indigenous communities were threatened with eviction from lands that they had occupied. The indigenous people claimed that the lands were their ancestral heritage. Negotiations were conducted with the authorities.687 El Salvador 2007 On 19 February 2007, in San Salvador, 80 families were threatened with eviction. The families had settled on land bought by City Hall for such purposes during the civil war. City Hall is now threatening them with eviction for lack of payment of taxes. The main purpose of the earlier settlement program was to buy properties with the funds provided by foreign aid and allocate the lands freely to the families. The legal department of the Universidad Centroamericana has been assisting in the defence of the families.688 On 24 June 2007, in San Miguel, Chapeltique, approximately 300 families were threatened with eviction after the approval of a project of construction of a dam. Some have already been removed. A solution has not been provided yet to these families and so far they are living temporarily in sport fields and public schools. The people who used to live in the affected zone took possession of the land without authorisation when an earthquake took place in El Salvador during the 1980s.689 On 27 June 2007, in Teresina, State of Piaui, approximately 180 families were threatened with eviction. The families are part of the community 'Las Cuchillas', in Antiguo Cuscatlan, within the municipality of San Salvador. They have been receiving many eviction threats. The community is located right in front of the commercial centre Multiplaza. A group of private

683 La Hora: Lo Que Necesitas Saber, Noticias Los Rios: Aceptaron Desalojo, Date?, http://www.lahora.com.ec/frontEnd/main.php?idSeccion=775040 684 http://www.eltelegrafo.com.ec/policiales/noticia/archive/policiales/2008/09/23/Dos-heridos-enenfrentamientos-entre-invasores-y-due_F100_os-de685 Diario Hoy, Invasores mantienen “sitiada” una zona rural, 26 September 2008, http://www.hoy.com.ec/noticiasecuador/invasores-mantienen-sitiada-una-zona-rural-307964.html 686 Diario Regional Independiente: Los Andes, Se analiza un posible desalojo en los terrenos del te Zulay, 16 November 2008, http://www.diariolosandes.com.ec/content/view/10558/39/ 687 La Hora: Lo Que Necesitas Saber, Noticias Zamora: Comision encargada de buscar acuerdos, 15 December 2008, http://www.lahora.com.ec/frontEnd/main.php?idSeccion=811934 688 Legal department of Centro American University 689 Fundacion Salvadorena de Desarrollo y Vivienda Minima. (FUNDASAL)

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persons in El Salvador has thought of constructing a park here to serve as an access area for the commerce that surrounds it. The local Government of Antiguo Cuscatlan is in favour of the construction company, named Grupo Roble. The majority of the people have been living there for almost 35 years.690 On 15 September 2007, in Santa Ana, 14 communities were threatened with eviction from the area of Santa Gertrudis as the Municipality intends to use the area for a sanitary dump. 200 officers of the Police Unit for the Maintenance of Order (UMO) arrived in the area at 4:45am to provide security for the trucks to build the dump. The communities allege that they constructed the water facilities in the area and that the dump will contaminate the water they drink.691 On 13 November 2007, in San Salvador, the Historical Centre and families living around it were threatened with eviction as a result of real estate interest. A court case is also pending.

The Swedish Cooperative Centre - Latin America Habitat called for urgent action against the eviction.692 On 15 December 2007, in Ahuachapan, Tacuba, approximately 50 families were threatened with eviction as they had occupied area originally allocated to be a green park. They have been living there for more than seven years. Several evictions have already taken place and a court case had been filed by the Government, which wants the land back, although the families living there had acquired it. The families were settled in the area after the earthquake in 2001 and the relocation was meant to be temporary.693 2008 On 10 January 2008, in Antiguo Cuscatlán, approximately 150 families were threatened with eviction by the Mayor of the locality. The families protested and demanded that the Government take action to stop the eviction, as they had been residing in the area for more than 70 years and their constitutional and legal rights should be protected. The law provides that those in possession of a building or a piece of land for more than 30 years receive rights over it. The families alleged that they had been receiving threats for more than eight years.694 In February 2008, in Soyapando, San Salvador, approximately 150 families were threatened with eviction. The families have been occupying the land for more than a year. The authorities claim the area is Government property. The area used to be a vacant green strip which was also used as a garbage dumping area, but the families have cleaned it up and constructed provisional houses. Relocation has been promised.695 On 24 February 2008, in San Miguel, Chapeltique , approximately 200 families were threatened with eviction from an area called El Jocotal as a result of plans to construct a dam. These families have been living in the area for almost 30 years, many as a result of earthquakes that took place in the 1980's.696

690 Fundacion Salvadorena de Desarrollo y Vivienda Minima. (FUNDASAL) 691 DiarioCoLatino: Mas de un siglo de credibilidad, Pobladores amenazados con desalojo por relleno sanitario, 15 September 2007, http://www.diariocolatino.com/es/20070915/nacionales/47184/ 692 SILVIA DE LOS RIOS Lima, Perú - the ESCR-Net (INESCR@yahoogroups.com) 693 FUNDASAL 694 DiarioCoLatino: Mas de un siglo de credibilidad Proximis a desalojos, Comunidad “La Cuchilla” exige legalizar terrenos, 10 January 2008, http://www.diariocolatino.com/es/20080110/nacionales/51027/ 695 Legal department of the University Centroamericana Jose Simeon Cañas 696 Fundacion Salvadoreña de Desarrollo y Vivienda Minima. (FUNDASAL)

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On 13 April 2008, in Ahuachapán, approximately 2,000 families were threatened with eviction as a result of a court order. The families reside in the cooperative La Labor, which was functioning on lands that had been expropriated from the family Salaverría and handed over to the cooperative. Nevertheless the families never received title deeds for the lands. Some of them received a certificate which apparently has no legal value. Eviction is now feared as the cooperative had taken a loan from the Banco de Fomento Agropecuario (a Bank focusing on the agriculture sector) but had defaulted on it. The bank is therefore trying to take possession of the lands of the cooperative.697 On 16 April 2008, in Soyapango, approximately 250 families were threatened with eviction as a result of a court order. The land owner filed a case against them, and though the process had not ended as of April 2008, the families believed an eviction order was likely to be issued. The families were offered relocation to another area upon payment of $12.50 per month as rent, but they refused, saying the relocation site was located in a ravine and it would be difficult and dangerous to reside there.698 On 16 May 2008, in Cangrejera, 38 families were threatened with eviction as a result of a court order. The inhabitants of the Canton 'Boca Poza', who are members of the Cooperative of Agricultural Production and other Services, (Cooperativa de Producción Agropecuaria y Servicios Múltiples) of Boca Poza, inhabit lands that was granted to them by the State Government during an agrarian reform. Despite this, the families received eviction threats from Consult S.A. of C.V. and the Society of International Hotels of El Salvador, two private companies that have filed court cases against the families and the cooperative. The threats have continued despite the fact that in 1995 the Supreme Court of Justice had ruled in favour of the rights of the inhabitants.699 On 10 July 2008, in Guayacán, approximately 98 families were threatened with eviction after the landowner sold the land they were living on.700 On 26 August 2008, in Victoria, approximately 300 families were threatened with eviction as a result of a court order. The families were deceived into buying the lands in the 1990s from a person who did not actually own the lands. The real owner has now gone to court to recover the property.701 On 9 December 2008, in Los Almendros, many families faced potential eviction due to nonpayment of rents. Los Almendros was built with international aid. Recently, the families living there experienced a massive increase in monthly incomes. The Municipality is trying to find a method to stop the evictions.702

697 La Prensa Grafica, Departamentos: Familias temen por supuesto desalojo, 13 April 2008, http://www.laprensagrafica.com/departamentos/1034019.asp 698 La Prensa Grafica, Gran SanSalvador: Hoy es el dia acordado para el desalojo pacifico, 04 May 2008, http://www.laprensagrafica.com/gransansalvador/1028003.asp 699 DiarioCoLatino: Mas de un siglo de credibilidad Buca Poza, viviendo bajo la amenaza de desalojo, 16 May 2008, http://www.diariocolatino.com/es/20080516/nacionales/55064/ 700 DiarioCoLatino: Mas de un siglo de credibilidad Diputados cuestion venta de terrenos de Comunidad Monsenor Romero, 10 July 2008, http://www.diariocolatino.com/es/20080710/nacionales/56780 / 701 DiarioCoLatino: Mas de un siglo de credibilidad, Pobladores preocupados por amenaza de desalojo, 26 August 2008, http://www.diariocolatino.com/es/20080826/nacionales/58200/; and La Prensa Grafica, Nacion: Litigio por desalojo de comunidad Santa Marta, 27 August 2008, http://www.laprensagrafica.com/nacion/1128431.asp 702 DiarioCoLatino: Mas de un siglo de credibilidad Familias denuncian amenazas de desalojo, 09 December 2008, http://www.diariocolatino.com/es/20081209/municipalismo/61587/

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Guatemala 2007 On 17 April 2007, in Escuintla, Santo Domingo , approximately 172 peasants were threatened with eviction from property that they claimed they had paid for using funds they received as a compensation for a forced eviction from Portuaria Quetzal. The owner alleges that he never received any payment from Mr. Neri Barrios, and that the land legally belongs to him.703 On 28 April 2007, in Quiche and other Departments, approximately three thousand families were threatened with eviction. The Pastoral of Guatemala has protested, arguing that this will have a severe social impact and the Government is responsible, as it has not been trying to devise solutions for the historical problem related to land access.704 On 31 July 2007, in the Municipality of Panzos, department of Alta Verapaz, residents of the Mayan Q'eqchi' community of La Paz were threatened with eviction as a result of a court order. The eviction also would affect the neighbouring community Lote 8, along with both Barrio Revoluciรณn and Barrio La Uniรณn of the municipality of El Estor, department of Izabal.

The requested eviction order is based on the highly contested Cahaboncito Norte land title, given to Skye Resources and covering the aforementioned indigenous Q'eqchi' communities, who have struggled for decades for the recognition of their ancestral land rights in the region.

While the company has repeatedly refused to reveal its purported land documentation to communities, Skye Resources' claim to the land is based on the land rights granted to the International Nickel Company (INCO) by a repressive military dictatorship in the 1960s.705 2008 In May 2008, throughout the country, 85 families were threatened with eviction as a result of negotiations between the Government and the Railroad Development Corporation, during which it was reportedly proposed that these families should be removed as they live next to a railway line.706 On 10 May 2008, in Selva Petenera, four groups of occupants were threatened with eviction as a result of an administrative order. The families are occupying land in the jungle. Though the authorities have already issued eviction orders, the authorities say that they will initially attempt to persuade the occupants to leave rather than using force.707 On 3 August 2008, in San Marcos, approximately 372 families were threatened by armed men.

The families live in the hamlet San Rafael Pie de la Cuesta and were told to leave their houses by the men, who claimed that the area belongs to another person. The families claim they have written proof that the land belongs to them.708

703 http://www.cerigua.org/portal/Article8801.html 704 http://www.cerigua.org/portal/Article8957.html 705 Rights Action 706 Cerigua: Centro de reportes informativos sobre Guatemala, Pobladores de la linea ferrea temen ser desalojados, 27 May 2008, http://cerigua.info/portal/index.php?option=com_content&task=view&id=176&Itemid=1 707 Prensa Libre, Invasores en selva petenera seran desalojados, 10 May 2008, http://www.prensalibre.com/pl/2008/mayo/10/237503.html 708 El Periodico de Guatemala, Senalan intentos de desalojos ilegales: Los pobladores del caserio San Rafael Pie de La Cuesta, San Marcos, denuncian constantes actos intimidatorios, 03 August 2008, http://www.elperiodico.com.gt/es/20080803/pais/64036/

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Guyana 2008 On 6 November 2008, in Caroní, San José settlement, approximately 95 families were threatened with eviction as a result of an order by the Municipality to evict irregular settlements from what the Government considers to be private lands. The families dispute this and claim that they have been living on these lands for more than eight years.709 Honduras 2007 On 28 May 2007, in Conception, Department of Yoro, approximately 54 families belonging to the Cooperative Cristóbal Castro are threatened by imminent eviction from the land that they legally acquired. With the announcement of evictions, the families will lose their livelihoods.

The Cooperative Cristóbal Castro has acquired the land 5 years ago. But an influential landowner of the region claims to own a part of the property in dispute. On 29 March, the landowner and many police officers attempted an extrajudicial eviction, but the cooperative managed to prevent it. The cooperative has already sent a letter to the President of Honduras appealing for his help.710 2008 On 11 January 2008, in Choluteca, approximately one hundred families were threatened with eviction as a result of a Government decision to use the land for rodeo activities. The Government claims the land is central Government land over which the occupants have no rights, though they have been living there for more than five years.711 Mexico 2007 On 29 January 2007, in Vera Cruz , approximately 3,200 families were threatened with eviction as a result of a lawsuit filed by INFONAVIT (Instituto del Fondo Nacional de la Vivienda para los Trabajadores – Institute of the National Housing Fund for Workers) against renters/leaseholders due to lack of payment.712 On 21 April 2007, in the State of Chiapas (Communities of San Gregorio, San Antonio Miramar, Ranchería Corozal, Buen Samaritano, Salvador Allende and Nuevo Salvador Allende), six indigenous communities of Montes Azules were threatened with eviction by the federal and State Governments for environmental reasons. These six communities are being represented by the members of ARIC 1 and, for the last four years, had been negotiating with the Gederal Government for the settlement of the land occupied by them. The negotiations were called off by the new administration. The indigenous people said that they are going to resist the forced eviction.713 On August 23rd, however, six families were indeed evicted (see section on forced evictions).

709 http://nuevaprensa.com.ve/content/view/9780/2/ ; and El Universal, Invasores rechazan orden de desalojo en Guayana, 08 November 2008, http://www.eluniversal.com/2008/11/08/pol_art_invasores-rechazano_1137465.shtml 710 http://www.fian.org/live-es/index.php?option=com_urgentactions&Itemid=81&uaID=57 711 Reina Araya 712 http://www.elgolfo.info/elgolfo/index/op/noticia/id/7672.html 713 La Jornada, Indigenas de Montes Azules, en alerta ante un anuncio de posible desalojo, 22 April 2007,

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On 25 August 2007, in Temalacatzingo y Tlaquilcingo, Guerrero, Nahua indigenous people of Temalacatzingo and Tlaquilcingo in the region of the Mountain were threatened with eviction by federal military personnel, who warned them of imminent operations in their territory. The communities demanded that the forces leave their territory because they fear human rights violations. Due to the militarization of Temalacatzingo and Tlaquilcingo, the Centre for Human Rights is concerned that the Army is implementing a war of intimidation against the populations of the Mountain and Small Coast. The Army claims to be fighting drug trafficking.714 On 17 September 2007, in Magdalena Contreras Delegation, approximately 800 people were threatened with forced relocation by the Government due to the risk of landslides during the rainy season and because of storms in the region. The people resisted the relocation and demanded adequate alternative accommodation.715 On 18 September 2007, in San Pedro de Michoacán, the village of 24 de Dezembro was threatened with eviction by members of the Unión Ejidos de la Selva (UES, Cooperative Union of the Jungle) with the support of the police. The village had been established in land reclaimed by the Zapatistas. The village was besieged by soldiers, state police and paramilitary apprentices.716 On 8 November 2007, in the independent municipality of Olga Isabel, Chiapas State, approximately 70 families were threatened with eviction. This is occurring due to irregularities in the land regularization process implemented by the Organización para la Defensa de los Derechos Indígenas y Campesinos (OPDDIC – Organisation for the Defence of Indigenous Peoples’ and Farmers Rights) with the connivance of public authorities. More than 271 families were already evicted once, among whom were these 70 families. Land conflicts have increased as a result of the militarization of the region, particularly since the restitution of indigenous lands by the Zapatista army. The situation faced by the zapatistas families in Olga Isabel is not a unique case. More than 20 Mexican towns have complained of threats of expulsion, evictions and other harassment, such as frequent damage to people's property, injuries, use of prohibited arms, robberies, abuses of office etc.717 On 17 December 2007, in Guanajuato, approximately 50 people were threatened with eviction by around 40 police officers. The police tried to destroy a building without having a proper court order. The peasants of the Colonia Apatzingán were informed that the building belongs to the Municipality. On the same day, the affected families filed a complaint for abuse and illegal actions.718 2008 On 19 January 2008, in Huitepec, the new Municipal Government threatened to remove families living in the area. The Zapatista rebels had declared the area to be a “Zapatista communitarian ecological reserve”, as it was the traditional property of the community but its http://www.jornada.unam.mx/2007/04/22/index.php?section=politica&article=017n1pol 714 http://zapateando2.wordpress.com/tag/noticia/ 715 El Universal, Temen fuerte resistencia a desalojos, 16 September 2007, http://www.eluniversal.com.mx/ciudad/86649.html 716 La Jornada, Bases Zapatistas temen violento desalojo por miembros de la UES y policies, 18 September 2007, http://www.jornada.unam.mx/2007/09/18/index.php?section=politica&article=012n1pol 717 Zapateando, Amenaza de desalojo contra indigenas de Olga Isabel, Chipas, 08 November 2007, http://zapateando.wordpress.com/2007/11/08/amenaza-de-desalojo-contra-indigenas-de-olga-isabel-chiapas/ 718 http://zapateando2.wordpress.com/2007/12/20/accion-urgente-intento-de-desalojo-de-la-coloniaconstitucion-de-apatzingan-irapuato-guanajuato-hostigamiento-y-amenazas-al-planton-de-vecinos-de-laorganizacion-colonia-constitucion-de-apatzingan/

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resources had only been used to benefit corporations and outsiders. The eviction did not take place because the local Government feared a confrontation with the Zapatista army, the EZLN. 719 On 17 April 2008, in Veracruz, approximately 11 families were threatened with eviction by the claimed owner of the building in which they were staying. The families claim to have lived there for more than 40 years, but are being subjected to harassment by a person who claims to be the owner. The inhabitants have paid annual taxes for the property. Negotiations with the claimed owner to buy the building have so far failed.720 In July 2008, in Tijuana, almost one hundred people were threatened with eviction as a result of occupying lands belonging to others. The land owners demanded that they be evicted. The families demanded that the Municipality take action to resolve the issue. On 23 July, the State Government promised to expropriate the lands.721 On 7 July 2008, in Reynosa, the Pemex company threatened to evict individuals occupying its properties.722 On 5 August 2008, in Durango, approximately 300 families were threatened with eviction as a result of a court order.723 On 7 August 2008, in Guanajuato, approximately 350 families were threatened with eviction as a result of a new city planning exercise. The residents apprehend that they will be evicted as the properties they are living on will increase in value with the new plan.724 On 21 August 2008, in TuxtlagutiĂŠrrez, settlers of the RancherĂ­a Corozal, located inside the Montes Azules Biosphere Reserve, said that elements of the Mexican army were attempting to harass them and drive them off the land.725 On 10 September 2008, in Tamaulipas, several dozen families were threatened with eviction as a result of a process of land regularization. In order to have the land regularised, the families have to pay $800 for each plot, which some cannot afford.726 On 11 September 2008, in Madero, eight families were threatened with eviction as a result of an administrative decision to remove them from the banks of the Rio Nazas. According to the Municipality, they were at risk as a result of the risk of the banks collapsing.727

719 CMI: Centro de medios independientes, El Huitepec esta bajo amenaza de desalojo por autoridades priistas, 19 January 2008, http://chiapas.indymedia.org/display.php3?article_id=153706 720 Diario Xalapa, Temen desalojo en Patio Bravo, 17 April 2008, http://www.oem.com.mx/diariodexalapa/notas/n665951.htm 721 http://es.mg1.mail.yahoo.com/dc/launch?.rand=7fumug8n0jt3g http://www.oem.com.mx/elsoldetijuana/notas/n783117.htm 722 http://www.enlineadirecta.info/nota-59063Reynosa_PEMEX_no_puede_desalojar_viviendas_por_si_solo.html 723 El Sol de Durango, Proyecta Infonavit 300 desalojos mas: Roman, 05 August 2008, http://www.oem.com.mx/elsoldedurango/notas/n800247.htm 724 Correo Regiones, Vecionos de El Eden y Presas de Guanajuato temen desalojos, 07 August 2008, http://www.correo-gto.com.mx/notas.asp?id=80041 ; and http://www.2001.com.ve/link.asp?registro=95437&url=noticias_2001online.asp?registro=95437 725 Proceso, Indigenas de Corozal, Chipas, denuncian acoso militar, DATE? http://www.proceso.com.mx/noticia.html?sec=2&nta=61576&nsec=Estados 726 http://www.enlineadirecta.info/nota-66449Amenazas_de_desalojo_en_la_%E2%80%9CVamos_Tamaulipas%E2%80%9D.html

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On 26 September 2008, in Sonora, a person inhabiting a plot next to the Rastro Municipal for 20 years received an eviction notice. The man filed a court case to protect himself from eviction.728 On 22 October 2008, in Durango, 350 families were threatened with eviction as a result of legal proceedings filed against them by an institution which claims to own the land. The families claim that the houses were in fact hired by the Constructora y Urbanizadora de Durango (Builders and Developers of Durango).729 On 24 October 2008, in Minatitlán, approximately 300 people were threatened with eviction.

The villagers protested and made a barricade in order to stop the eviction. The Municipality then intervened to suspend the eviction order.730 In December 2008, in Toluca, approximately 900 families were threatened with eviction as a result of rent payments. The real estate company Guadalupe S.A of C.V tried to compel the families living in the division “The Xolache” to sign a contract for very high payments or face immediate removal. The houses had been occupied since 1996, and the payments were made retrospective and families were asked to pay the rates since that date. This was despite the fact that there were faults in the construction and a lack of basic amenities such as drinking water and sanitation.731 On 5 December 2008, in Fidel Velazquez, Durango State, approximately 100 families were threatened with eviction. Due to the lack of employment and the economic crisis, the families were unable to afford their mortgage payments.732 On 21 December 2008, in Puerto Vallarta, approximately 150 persons were threatened with eviction as a result of a dispute in land ownership. After a decade of court hearings, the families are facing the possibility of eviction, though they have been living on the land since 1937. A businessman claims to own the land.733 On 23 December 2008, in Altamira, Jalisco, approximately 40 families were threatened with eviction at the request of an individual. The inhabitants of the colony Las Prietas in the common land of Agua de Castilla have asked for support from the Municipality in the face of claims by a local resident to own the lands. The Municipality has said the families are entitled to remain, as the Agrarian Law provides that land belongs to anyone who holds it in possession for ten years or more.734

727 Milenio, Podrian realizar desalojos a la fuerza en Madero, 11 September 2008, http://www.milenio.com/node/78308 728 El Diario de Sonora, Sigue proceso por desalojo en El Rastro, 27 September 2008, http://www.eldiariodesonora.com.mx/noticias/nogales/2927.html 729 Yancuic, En Riesgo de desalojo 350 familias, 21 October 2008, http://www.yancuic.com/nota.php?seccion=5&noticia=3624 730 http://www.diariodelistmo.com/istmo_nivel3.php?id_noticia=101582 731 Alianza Tex, Solucion a su problematica de vivienda , piden habitantes de Texcoco, 13 December 2008, http://www.alianzatex.com/Alianzatex/nota.jsp?nota=N0007317 732 El Siglo, Cocopo, defiende a morosos de creditos, 05 December 2008, http://www.elsiglodedurango.com.mx/noticia/192420.cocopo-defiende-a-morosos-de-creditos.html 733 La Jornada, Denuncian habitantes de Mismaloya intento de desalojo, 22 December 2008, http://www.lajornadajalisco.com.mx/2008/12/22/index.php?section=politica&article=007n3pol 734 http://www.lajornadajalisco.com.mx/2008/12/22/index.php?section=politica&article=007n3pol

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On 31 December 2008, in Iztapalapa, Mexico City, 19 families were threatened with eviction as a result of their buildings being at risk of structural collapse. The National Institute for Housing has promised to provide them new houses.735 Panama 2008 On 13 April 2008, in Arraiján, several families were threatened with eviction as a result of an administrative order. The order was issued in favour of the landowners. The families said that they had lived on the lands for more than 50 years and had slowly constructed houses. They also claimed to have documents to prove this.736 In July 2008, in Colón, approximately 20 families were threatened with eviction as a result of living on government land. The high cost of regularisation of lands in Panama made it difficult for them to get their occupation regularised.737 In October 2008, in Santa Fe, approximately 30 families were threatened with eviction as a result of a court order in a property dispute. The eviction was then suspended in order to allow the court to decide on the claims presented by the people.738 In December 2008, in Antón, approximately 15 families were threatened with eviction as a result of a court order. The families fear they will be removed from lands that have occupied for 60 years. The families had received information that the Supreme Court of Justice had passed orders in a case on the lands in question. The Mayor however indicated that, at the present moment, a direct order of eviction does not exist.739 Paraguay 2007 On 28 May 2007, in San Juan Nepomuceno , a group of landless peasants were threatened with eviction as a result of a court order requested by the owner. The owner of the 460 acres of land made a deal with the occupants for a peaceful eviction, but the landless peasants did not fulfil the agreement. The owner claims that there is political interference involved in blocking the eviction.740 On 26 September 2007, in Asuncion, approximately 20 families were threatened with eviction after the Neighbourhood Commission of the Airport Group demanded eviction of families that have been living in a building in the surrounding area for more than one year. The families said they were opposing the eviction and were negotiating with the National Housing Commission in order to be provided an alternative place to live.741 735 Rumbo de Mexico, Inicia desalojo de familias en riesgo, 31 December 2008, http://www.rumbodemexico.com.mx/macnews-core00005n/notes/?id=181119 736 Dia a Dia, Temen desalojo, 13 April 2008, http://www.diaadia.com.pa/archivo/04122008/reg06.html 737 Diario La Prensa, Familias temen ser desalojadas por no haber titulado sus tierras, 12 July 2008, http://www.prensa.com/hoy/nacionales/1438597.html 738 Diario La Prensa, Protestan por desalojo, 4 October 2008, http://www.prensa.com/hoy/nacionales/1543251.html 739 Diario La Prensa: Residentes de playa La Pacora temen ser desalojados, 28 December 2008, http://www.prensa.com/hoy/nacionales/1643861.html 740 ABC Digital, Exigen desalojo de supuestos sintierras de una propiedad en Aba’i, 28 May 2007, http://www.abc.com.py/articulos.php?fec=2007-05 28&pid=332591&sec=4&ABCDIGITAL=334f271afce7d872048f52c9c5e8c764 741 ABC Digital, Grupo Habitacional Aeropuerto pide el desalojo de sintechos, 26 September 2007,

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2008 On 5 March 2008, in Fernando de la Mora, two families were threatened with eviction as a result of a judicial order. The neighbours from Paulina Vilage wanted to recover two buildings on a playground, where were being used by the two families. The legal case was awaiting a final decision. The City Hall owns these lands and neighbours are demanding that the Municipality evict the families.742 On 28 March 2008, in Capiata, approximately 800 families were threatened with eviction as they had occupied a private plot of land. The families were living in inhuman conditions, resulting in many health problems for their children.743 On 11 July 2008, in ParaguarĂ­, three families were threatened with eviction as a result of a court order. The families have lived on the land for 80 years. The court order followed an attempt by the owner to get back the land.744 On 17 July 2008, in Curuguaty, members of the Landless Workers Movement were threatened with eviction from a 2,165 hectare area that they had occupied as a result of a court order. The occupants have filed an appeal against the order.745 On 18 July 2008, in Escobar, approximately 20 workers were threatened with eviction as a result of a court order.746 On 12 December 2008, in Village Santa Silvia, La Horqueta District, Concepcion department, approximately 280 People were threatened with eviction by the police. An organisation called the Movimiento Sin Tierra (Landless Peopleâ&#x20AC;&#x2122;s Movement) had, in a similar manner to its Brazilian counterpart, occupied private lands in protest against the lack of access to land and employment.747 On 4 September 2008, in Trinidad, families were threatened with eviction as a result of a court order to leave the lands they are living on.748 Peru 2007 On 22 January 2007, in Rimac District, approximately 52 families were threatened with eviction as a result of renovation of old buildings. The families, who occupy an area of 3,500 sq m, will be resettled to make space for the renovation of their current housing. Six families

http://www.abc.com.py/articulos.php?pid=360117&ABCDIGITAL=ce5f448d76db66a1e499a42cc96b2e89 742 ABC Digital, Vecinos denuncian desidia de comuna, 05 March 2008, http://www.abc.com.py/articulos.php?pid=397192&fec=2008-03-05 743 http://www.abec.com.py/articulos 744 ABC Digital, Jueza dice que solo notifico, 11 July 2008, http://www.abc.com.py/articulos.php?pid=431884&fec=2008-0711&PHPSESSID=b854b53feea148ffe31206f550a0c0ce 745 ABC Digital, Juez desestimo juicio promovido por invasores de una reserve, 17 July 2008, http://www.abc.com.py/articulos.php?pid=433462&fec=2008-07-17 746 ABC Digital, Intento de desalojo casi termina en un enfrentamiento en Escobar, 18 July 2008, http://www.abc.com.py/articulos.php?pid=433759&fec=2008-07-18 747 http://www.lanacion.com.py/noticias_um-218354.htm; http://www.lanacion.com.py/noticias-2182332008-12-12.htm 748 ABC Digital, Ordenan desalojo de plaza ocupada por ANR, 4 September 2008, http://www.abc.com.py/2008-09-04/articulos/447610/ordenan-desalojo-de-plaza-ocupada-por-anr

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have opposed the resettlement as they do not believe that their right to return will be respected.

On 25 March 2007, in Huaytire (Tacna), approximately 150 people were threatened with eviction as a result of land conflicts and disputes over natural resources. People from the province of Candarave occupied the area to take advantage of its natural resources, especially water. The majority of the areas belonging to the National Government have not been surveyed and demarcated yet, which generates land conflicts due to the occupations.749 On 27 December 2007, in Cajamarca Region, approximately 3,000 miners were threatened with eviction by the Ministry of Energy, as there are two multinational enterprises interested in the area. The police allege that farmers from Valle Chuquibamba y Condebamba are pushing for the suspension of mining operations as the plantations and water are been contaminated.

The area (Cerro Algamarca) is being disputed between two mining companies, Shulliden Sahuindo and Sudamericana. There is an expectation that the winner of the dispute will contract with informal miners to work on the lands.750 2008 On 25 March 2008, in Chorrillos, approximately 3,500 people were threatened with eviction as a result of construction of oxidation lakes the public company SEDEPAL (Drinking Water and Sewage Service of Lima). The families had been living there for more than a decade. The Ministry of Housing is discussing relocation possibilities.751 On 4 July 2008, in Chiclayo, approximately 1,000 people were threatened with eviction as a result of a court decision. The families have occupied lands within the Pomac forest for more than 20 years. The occupied area also includes a school with more than 200 students, who will lose their school year if the eviction takes place mid-year.752 On 1 August 2008, in Puno, residents were threatened with eviction as a result of a court order. The occupants resisted the eviction, and the police used tear gas to disperse their protest. The court order was later suspended.753 On 19 September 2008, in Lima, some families were threatened with eviction as a result of laws aimed at “cleaning up” illegal occupation. The Government however has no relocation plan for those evicted.754 On 22 October 2008, in Puno, some families were threatened with eviction as a result of a court order. 50 police officers were deployed to evict the families, but the eviction was suspended due to the large number of children present.755

749 http://www.cpnradio.com.pe/html/2007/03/25/2/46.htm; and Diario Digital Sur Noticias, Alcalde de centro poblado de Huaytire denuncia ‘desalojo’ y pide garantias, 26 March 2008, http://www.surnoticias.com/modules.php?name=News&file=article&sid=2602 750 Actualidad, Protegeria a mineros informales, 27 December 2006, http://www.peru.com/noticias/idocs/2006/12/28/DetalleDocumento_367690.asp 751 http://esp.habitants.org/153/Perú-FOVELIC-y-A.H.- Pacífico-de-Villa -contra-desalojo 752 El Comercio, Obispado dice que desalojo de bosques de Pomac puede acabar en violencia, 4 July 2008, http://www.elcomercio.com.pe/ediciononline/HTML/2008-07-04/obispado-dice-que-desalojo-bosquespomac-puede-acabar-violencia.html 753 http://www.correoperu.com.pe/lima_nota.php?id=72617&ed=14 754 CENTRO DE INVESTIGACIÓN, DOCUMENTACIÓN, Y ASESORIA POBLACIONAL - CIDAP 755 http://www.losandes.com.pe/?c=noticia&id=16459

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On 27 December 2008, in Chiclayo, approximately 200 families were threatened with eviction after they occupied a protected area.756 Puerto Rico Statistics from 2007 reveal that 45% of Peurto Ricanâ&#x20AC;&#x2122;s live below the poverty line, with housing affordability consequently being a major issue. The Urban Renewal and Housing Corporation is the body responsible for overseeing a broad range of housing programs, with projects focusing on low-income areas.757 2007 On 27 March 2007, in San Juan, approximately 123 families were threatened with eviction by the Housing Urban Department (HUD). The department is trying to demolish 4 buildings.

The Human Rights Commission are supporting the residents and trying to nullify the judicial order issued on behalf of HUD. The governmental agency AVP is trying to find alternative accommodation for the residents.758 Uruguay 2007 On 26 June 2007, in Asentamiento Barbieri 2, Salto, approximately 200 families were threatened with eviction by a land owner. The claimed owner filed a case for eviction at the 2nd Peace Court of Salto two years ago, but there is still no legal decision and the families are still vulnerable to an eviction. The occupants have formed a neighbourhood commission that was recognised as a juridical person by the Ministry of Education and Culture. The commission has established a net of sponsors such as the Ministry of Housing and the Irregular Settlements Integration Program, financed by the Inter-American Development Bank (IADB).759 In March 2007, in Artigas, 34 families were threatened with eviction as they were occupying housing given by the Social Provision Bank (Banco de PrevisiĂłn Social). The Minister Arana decided to suspend the eviction to study a solution for the case.760 On 7 August 2007, in Punta del Este, approximately 50 people were threatened with eviction from houses that they had occupied. The houses had been built by the municipal government for social purposes and allocated to other beneficiaries. There is a lawsuit filed against the families, who argue that the municipal government had promised to build new houses for them too.761 On 3 October 2007, in Settlement 24 de Junio, Montevideo, approximately 500 families were threatened with eviction for occupying private lands; the owner filed a case; the Civil Court of Appeals declared that the land should be handed back to the owner, and the families must be 756 El Comercio, Ordenan desalojo definitivo de 200 familias invasoras del santuario de Pomac, 27 December 2008, http://www.elcomercio.com.pe/ediciononline/HTML/2008-12-27/ordenan-desalojo-definitivo-200-familiasinvasoras-santuario-pomac.html 757 http://www.nationsencyclopedia.com/economies/Americas/Puerto-Rico-POVERTY-ANDWEALTH.html 758 http://www.endi.com/XStatic/endi/template/nota.aspx?n=185734 759 El Pueblo de Salto, Se estima que para el ano proximo los recicladores de residuos trabajaran asociados y los ladrilleros agrupados en un predio, 26 June 2007, http://www.diarioelpueblo.com.uy/ 760 Portal Digital El Pais, Control de acceso: suspenden desalojo de viviendasen Artigas, http://www.elpais.com.uy/Registro/Login.asp?refacc=0&vurl=%2F07%2F02%2F17%2Fpciuda%5F264609%2 Easp&erracc=99&url_qs= 761 http://www.diariocorreo.com/

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evicted. The Ministry of Housing, Environment and Territorial Ordering is trying to delay the eviction, by starting an expropriation procedure and buying the land from the original owner in order to let the families stay. A group of Uruguayan NGO´s and COHRE are trying to delay the eviction and several institutions are trying to find a sustainable solution to the situation.762 On 13 October 2007, in La Capuera, Laguna del Sauce, Punta del Este, approximately 500 people were threatened with eviction. The city has seen considerable urban migration and hence a series of illegal land occupations for housing. The municipal government called a press conference in which it stated that since the approval, in 2001, of a national law that enables anyone to denounce an occupation and have the occupants to be detained, it has started a campaign in order to stimulate neighbours and civil servants to denounce land occupations before Justice Courts. Such actions can lead to massive evictions. The press has also confirmed that in the past administration the political party that is in government now, had encouraged the families to occupy if the owners did not take care of their land.763 2008 On 14 January 2007, in Complejo Habitacional Zum Felde, Montevideo, 89 families were threatened with eviction after the company that had constructed their homes denied them their right to occupy them, claiming that the company was owed a debt by the Ministry of Housing.764 In Rivera, approximately 100 people (including 70 children) were threatened with eviction as a result of a court order. The landowner's lawyer declared that those residing there would be removed by force and would have to live in the street.765 On 15 July 2008, in 24 de Julio, more than a thousand people were threatened with eviction by a landowner. His lawyers issued eviction notices to the residents.766 On 22 September 2008, in Concepción, a family, including seven children, was threatened with eviction as a result of a court order. The neighbourhood has planned protests in case the family is evicted.767 Venezuela 2007 On 1 February 2007, in Caracas, approximately 400 families were threatened with eviction as a result of the construction of a Sport Centre for the America Cup. The construction of a football stadium for the America Cup has worried the inhabitants who have been living in the area demarcated for the sport centre. The families have been living in the area for 8 years.768

762 www.elpais.com.uy 763 http://www.diariocorreo.com/ 764 LR21,Ahorrista Protestaron Durante Dos Horas: Propietarios de viviendas cortaron Avenida Italia, 14 January 2008, http://www.larepublica.com.uy/politica/293395-propietarios-de-viviendas-cortaron-avenida-italia 765 Informacion General, Denuncian intento de desalojo en un asentamiento de Rivera, 20 June 2008, http://www.ultimasnoticias.com.uy/hemeroteca/200608/prints/act11.html 766 Portal Digital El Pais, Control de acceso: Vuelven a pedir desalojo de asentamiento muy poblado, DATE? http://www.elpais.com.uy/Registro/Login.asp?refacc=0&vurl=%2F08%2F07%2F15%2Fpnacio%5F357849%2 Easp&erracc=99&url_qs= 767 Agencia de Noticias de Entre Rios, Movilizacion en concepcion para evitar remate y desalojo de una familia, 21 September , http://www.apfdigital.com.ar/despachos.asp?cod_des=111219 768 El Periodico del Pueblo Oriental, En 17 de Junio temen desalojo por obra de complejo deportivo, 01 February 2007, http://www.eltiempo.com.ve/noticias/default.asp?id=100330

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On 1 March 2007, in Anzoátegui, approximately 238 families were threatened with eviction as a result of the redesign of a condominium. The condominium administration is destroying the ceilings of the housing, disregarding an urgent court order issued in favour of the inhabitants.

The works are being done without the authorisation of the majority of the condominium members in an assembly.769 On 2 March 2007, in Sotillo, Estado Anzoátegui, approximately 2,000 people were threatened with eviction as a result of an occupation of a land parcel. The mayor of the municipality demanded the eviction of the families in order to prevent them from polluting the streams that provide water to four municipalities in the surrounding area, including Puerto La Cruz. The Ministry of Environment and Natural Resources will register the families, survey their socioeconomic situation and propose an alternative relocation for them.770 On 15 March 2007, in Palavecino, more than 100 families were threatened with eviction as a result of an administrative order. The families complained and decided to block an avenue to protest against the eviction order, which had been decided upon by the City Hall in December 2006.771 On 18 March 2007, in the indigenous communities of Wayúu and the Peoples Yukpa y Barí in the State of Zulia, indigenous people were threatened with eviction as a result of planned coal mining. The mining is planned by the government, along with the Corporation for the Development of Zuliana Region (Corpozulia) and the multinationalcorporations Anglo American Coal, Inter-American Coal, Peabody, Carbonífera Caño Seco, Brendan Hynes, Corporación Carbones del Perijá de Chile and Energy Resources. They are attempting to compel the families to sell their lands.772 On 17 October 2007, in Caracas, 3 families were threatened with eviction from apartments in the Chopin building by the owner. Despite support from the police, the eviction could not take place due to resistance from the occupants and their neighbours. However, in anger, the owner then destroyed all the furniture in the apartment.773 2008 On 17 January 2008, in Urdaneta, approximately 260 families were threatened with eviction as a result of living on an eroding river bank. The Government had decided to remove them but had not yet devised a relocation plan. The families are awaiting action by the National Housing Institute.774 On 22 February 2008, in Caracas, approximately 690 families were threatened with eviction as a result of a risk of landslides. According to the Ministry of Housing, the families located in the neighbourhood El Cipré had to vacate as the area was at risk. The families are to be relocated, but it is not clear when they will be moved.775

769 http://elnuevodia.com.ve/content/view/12660/2/ 770 http://enoriente.com/content/view/5464/32/ 771 Caracas, Mas de 100 familias protestan por desalojo en Lara, 10 March 2007, http://elobservador.rctv.net/Noticias/VerNoticia.aspx?NoticiaId=213379&Tipo=35 772 http://www.aporrea.org/tiburon/n92069.html Por: Organización Indígena Wayúu del Socuy y Maché Maikiratasalii 773 Alianza Internacional de Habitantes.

774 El Universal, Con Ordenes de desalojo 260 familias se mantienen en vigilia, 16 January 2008, http://www.eluniversal.com/2008/01/16/grccs_art_con-ordenes-de-desal_673066.shtml 775 Vivienda al dia, Medio barrio El Cipres sera desalojado(Venezuela), 22 February 2008, http://www.viviendaenred.net/modulos/viviendaaldia/noticia.asp?cod=14465

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On 5 March 2008, in Terrazas de la Vega, Caracas, residents of 150 apartment buildings were threatened with eviction by the owners' association. On 31 December, the residents had occupied 750 apartments that were to be given to others who had purchased them. A court directed that they be evicted on 23 January, but the families sought a dialogue with the Government. On 19 March another court reiterated that they should be evicted.776 On 11 March 2008, in Chirgua, approximately 50 families (250 people) were threatened with eviction as a result of threats from a person who claimed to be the owner of the land. This person arrived with police from the National Guard and threatened the families. The families have been occupying the land since 1921.777 On 24 April 2008, in Caracas, families were threatened with eviction from the grounds of an Experimental Station assigned to the Universidad Central de Venezuela, which they had occupied eight months earlier. A court ruled against the families.778 On 6 June 2008, in Venezuela, approximately 120 families were threatened with eviction from lands owned by the National Institute of Housing, which they had occupied a year later. The Institute says it intends to use the lands for a residential complex, but the families claim that there is a dispute over the ownership of the land.779 On 1 August 2008, in Maracaibo, several families were threatened with eviction from houses that they had occupied. The houses had been constructed by the Government for handing over to other families. The intended beneficiaries, who had been awaiting housing for five years, protested against the occupation of the houses by these families. An eviction order was also issued by a court.780 On 7 August 2008, in Machiques, approximately 150 indigenous people were threatened with eviction after they occupied the Medellin, Brasil, Maracay and Kusare cattle farms. The Venezuelan National Cattle Federation demanded that the Machiques Municipality declare the occupation a national emergency. The occupiers, members of the Yukpa community, said they were not engaging in a land invasion but were merely returning to lands that were to have been restored to them as per an agreement made 40 years before.781 On 19 August 2008, in Vistamar, Uva de Playa and Villa del Mar in Puerto Cabello municipality and in Machiques municipality, Zulia State, families faced eviction after the National Council of Utilities and Commerce called for more prompt action by the authorities and the courts to evict those who had occupied lands in the area.782

776 Cadena Global,Exigen desalojar a invasores de la Vega, 05 March 2009, http://www.cadenaglobal.com/noticias/default.asp?Not=207760&Sec=12 777 Diario El Carabobeno, Noticias, 11 March, http://www.el-carabobeno.com/p_pag_not.aspx?art=a120308c05&id=t120308-c05 778 Noticias, Agroindustria nacional discrimina productores Venezolanos, 06 August 2008, http://www.noticieroagropecuario.com 779 El Diario de Yaracuy, Orden de desalojo esta afectando a 120 familias de escasos recursos, 6 June 2008, http://www.eldiariodeyaracuy.com/index.php?option=com_content&view=article&id=115:orden-de-desalojoesta-afectando-a-120-familias-de-escasos-recursos&catid=34:regionales&Itemid=55 780 http://deportes.eluniversal.com/2008/08/01/pol_ava_exigen-en-el-zulia-d_01A1865599.shtml 781 http://www.laverdad.com/detallenew.asp?mostrar=10&idcat=3&idnot=77776 782 Banca y Negocios, Consecomercio alerta sobre nueva oleada de invasiones a tierras urbanas, 18 August 2008, http://www.bancaynegocios.com/noticia_det.asp?id=10973

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On 29 August 2008, in Zulia, eight households were threatened with eviction as part of a plan called “No More Invasions in Pereira”. The eviction was subsequently delayed as the police feared that it would lead to a confrontation.783 On 3 September 2008, in Los Teques, 56 families were threatened with eviction as a result of occupying private lands. The families requested the assistance of the municipality in resolving the issue. The mayor promised to examine the possibility of purchasing the land for housing purposes.784 On 13 October 2008, in Monagas, farmers and landless workers were threatened with eviction as a result of the formation of an “anti invasions” commission. Socialist activists and farmers allege that this is a move by farm owners to retain their land even when the land is not being productively used. The commission has opposed INTI (Instituto Nacional de Tierre – National Land Institute) decisions to avoid losing their land.785 On 5 November 2008, in San José de Chirica, approximately 95 families were threatened with eviction from private lands that they had occupied eight years earlier. The occupants called a strike to protest the possible eviction.786

783 Agencia Bolivariana de Noticias, Le esperanza del pueblo Yukpa se aferra la Constitucion Bolivariana, 29 August 2008, http://www.abn.info.ve/reportaje_detalle.php?articulo=863 784 El Universal, Invasores piden a Salmeron que frene desalojos en Los Alpes, 03 September 2008, http://deportes.eluniversal.com/2008/09/03/grccs_art_invasores-piden-a-sa_1025778.shtml 785 Agencia Bolivariana de Noticias, Min agricultura rechazo creacion de commission anti invasiones en Monagas, 09 October 2008, http://www.abn.info.ve/noticia.php?articulo=152554&lee=2 786 http://nuevaprensa.com.ve/content/view/9780/2/

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ASIA AND THE PACIFIC Bahrain Human rights groups name issues such as freedom of expression and access to information, freedom of assembly and lack of independence of the judiciary among the chief human rights concerns in Bahrain.787 Disproportionate restrictions of this kind and shortcomings in remedial mechanisms can negatively impact the ability of people threatened with eviction to access their rights and to advocate for them.

2007 Between Northern Town and Janabiya, residents were threatened with eviction by the Works and Housing Ministry after a new highway was planned connecting Northern Town to Janabiya. Government officials said residents would be compensated and land would not be taken without the consent of the owners. They also claimed no houses would be demolished, only land and gardens taken.788 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

Bangladesh 2007 In February, along the banks of the Ichhamati River, from Dakkhin Mandalpara to Uttar Shalgaria crematorium, 280 people were threatened with eviction by the district administration.

The administration claimed the eviction was necessary to prevent pollution and the dumping of garbage in the river, as well as to widen and improve the current of the river. In March, some structures were demolished.789 Also in February 2007, along the Kurigram River, 100,000 people were threatened with eviction by the Water Development Board of Kurigram. The Deputy Commissioner of Kurigram said illegal structures on Government lands would be demolished across the district as a part of the country-wide eviction drive. Those living on the banks had mostly been driven from their original homes by erosion of the soil into the river, and had already been reduced to destitution.790 Also in February 2007, in Madhupur, 103 km northwest of Dhaka, 6,000 people were threatened with eviction by the Forest Department. A section of a national park, home to thousands of adivasis (indigenous people) of Garo and Koch descent, is being walled in to turn it into an eco-park to protect its biodiversity. The indigenous people of Madhupur started a 787

Bahrain Universal Periodic Review, Summary of stakeholdersâ&#x20AC;&#x2122; information, UN Doc. A/HRC/WG.6/1/BHR/3, 6 March 2008 788 Gulf Daily News, Panic over new road, 1 September 2007 789 New Age Bangladesh, Illegal structures demolished along River Ichhamati, 10 March 2007, http://www.newagebd.com/2007/mar/10/home.html; and New Age Bangladesh, Ichhamati turns into a dead riverMunicipal record finds 287 illegal structures on river, 10 February 2007, http://www.newagebd.com/2007/feb/10/home.html; and The Daily Star, Bangladesh: Drive against illegal structures along Ichhamati river from Feb 1, 28 January 2007, http://www.thedailystar.net/2007/01/28/d70128013220.htm 790 New Age Bangladesh, Eviction fear haunts 1 lakh embankment dwellers in Kurigram, 22 February 2007, http://www.newagebd.com/2007/feb/22/home.html#1

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movement against the eco-park project when the forest department began constructing the boundary wall in 2004. An indigenous youth, Piren Slan, 20, was shot dead and 25 others, including women and children, were injured with bullet wounds when police and forest guards opened fire on a protest march of the community in Jalabada area on 3 January 2004.

Following the incident, construction of the boundary wall was suspended in the face of the movement. Forest department officials assured the indigenous community several times that they would discuss with the community before resuming the wall construction. But, on 26 January 2007, without consulting the community, the department awarded work orders to seven different contactors for constructing a 22,200 feet boundary wall enclosing the forest.

The contractors started building the wall right after the state of emergency had been declared on the 26th, working only at night, under the supervision of the local divisional forest office.

The Forest Department claimed “concessions” had already been made. Further protests were rendered impossible by the state of emergency, so the community submitted letters of protest.791 On 25 February 2007, in Damalcourt House, Cantonment Area, 10,000 families were threatened with eviction by Dhaka Cantonment Board (DCB) authorities. The DCB authorities claim the land is legally owned by the DCB. Some 10,000 families, mostly belonging to the lower middle class, have been living in tin-shed houses spread over 100.26 acres for generations. The land had apparently already been compulsorily acquired by the Government in 1962 (when Bangladesh was still part of Pakistan), but the families had remained there.792 Only a verbal eviction order over a microphone was made.793 In March 2007, in the Naff Riverbed in Teknaf, 75 kilometres south of Cox's Bazaar, 6,000 members of the Rohingya community were threatened with eviction as a result of a crackdown on “illegal structures. The Rohingya have faced continuing persecution by the military Government in Burma, and have escaped to Bangladesh in large numbers, with the biggest influx in 1991 and 1992, when about 250,000 of them crossed the border. Although many of these refugees have since then been repatriated to Burma, there are still about 21,500 refugees living in two camps in southern Bangladesh. The refugees are dependent on UN and aid agencies for food. However, they have been regarded as illegal migrants by the Bangladesh Government. One makeshift camp was set up in October 2004, after the local Teknaf administration launched an eviction campaign against illegal migrants in the District, leaving thousands homeless and under threat of deportation. With nowhere to go, they set up a makeshift settlement in Teknaf. The refugees live in precarious condition, with no proper shelter, sanitation, water supply. The refugees' homes are flimsy structures of bamboo, plastic sheets and flattened cement bags on muddy ground, where as many as 16 people crowd together in a room. For approximately half of each month, high tides flood nearly all shacks, washing away belongings, bringing disease, and some children have even drowned. Women spend much of their time repairing the mud foundations of the huts. The eviction was stalled for some time after the UN High Commission for Refugees intervened to attempt a resolution to the problem. 794

791 The Daily Star, Bangladesh: Eco-park work resumes ignoring plights of indigenous people, 3 February 2007, http://www.thedailystar.net/2007/02/03/d7020301129.htm; and New Age Bangladesh, Madhupur 'eco-park' wall being built under cover of night Adivasis once again face eviction, 29 January 2007, http://www.newagebd.com/front.html#1 792 The Daily Star, Bangladesh: Woes of thousands facing eviction on short notice, 24 February 2007, http://www.thedailystar.net/2007/02/24/d70224012316.htm 793 The Daily Star, Bangladesh: Special Feature 'They are Taking Away Our Land', 2 March 2007, http://www.thedailystar.net/magazine/2007/03/01/sfeature.htm 794 New Age Bangladesh, Myanmar refugees face eviction: MSF, 13 March 2007, http://www.newagebd.com/2007/mar/13/front.html#20

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Bhutan One of the most marginalised communities in Bhutan are ethnic Nepalese who are denied Bhutanese citizenship by Bhutan. Many of them have already fled to neighbouring Nepal, and have been living there as refugees for decades. Ethnic Nepalese remaining in Bhutan live under the constant threat of eviction and displacement from their home country, as the following case illustrates.

2007 In the southern districts of Bhutan, 80,000 ethnic Nepalese people were threatened with eviction by the Royal Government of Bhutan. This took place after a census labelled them foreigners. The threat was particularly applicable to seven refugee camps in eastern Nepal, where the victims of the 1991 persecution have been living under the supervision of the UN High Commission for Refugees for nearly two decades. The United Nations High Commissioner for Refugees expressed serious concern over reports that Bhutan may be preparing to force more ethnic Nepalese out of the country. The High Commissioner, Antonio Gutteres, told reporters in Kathmandu that "if such a danger exists, it must be stopped at all cost". "However, I am hopeful that more people will not be forced out," Gutteres said.795 ICESCR: No

CEDAW: Yes

ICCPR: No

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

Burma (Myanmar) 2007 In May 2007, in Kawkareik Township, Karen State, 100 households were threatened with eviction by the Burmese military junta. The military forcibly collected money and confiscated land from villagers for a township development project meant for the Karen splinter group led

by Brigadier General Htain Maung (Htay Maung), which has signed a peace deal with the regime. About a hundred houses are envisaged in the township development project.796 Throughout the year, over 500,000 people were threatened with indirect negative impacts on their livelihood by proposed dams on the Salween River, which are being built by the Burmese military Government in cooperation with Thai and Chinese firms.797 2008 Fears were expressed of widespread displacement as a result of large-scale investments in mining and other projects across Burma, particularly by a large number of Chinese

795 Deutsche Presse Agentur, UN concerned over possible eviction of ethnic Nepalese from Bhutan, 23 May 2007, http://rawstory.com/news/dpa/UN_concerned_over_possible_eviction_05232007.html; and The Times of India, Bhutanese in Nepal face eviction, 18 May 2007, http://timesofindia.indiatimes.com/Bhutanese_in_Nepal_face_eviction/articleshow/2058541.cms 796 Independent Mon News Agency (IMNA), Junta collects money and confiscates farms for development project, 24 May 2007, http://www.monnews-imna.com/newsupdate.php?ID=625 797 Independent Mon News Agency (IMNA), Salween dams threaten half a million people in downstream, 8 May 2007, http://www.monnews-imna.com/newsupdate.php?ID=606; and The Irrawaddy, Karen Group Opposes Salween River Dams, 30 September 2008, http://www.irrawaddymedia.com/article.php?art_id=14345

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corporations. Critics expressed concern at the lack of public information on these projects or their impacts.798 Cambodia 2007 In January 2007, in Chamry Village, Sangkat Poipet, a village apprehended eviction as a result of land grabbing. A clash took place when a provincial land dispute committee attempted to survey the land.799 Also in January 2007, in Sangkat Toul Sangke, Toul Kork District, seven families were threatened with eviction by a South Korean company for expansion of the road leading to a satellite city which will be built by the company on the filled-in Pong Peay lake. The families refused the offer of compensation.800 In January 2007, in Thmei village, Sangkat number 3, Khan Metapheap, 317 families were threatened with eviction by Sihanoukville's dock authority. A company named Chheng Cheng was hired by the Sihanoukville authority to carry out the actions. The families had been living there since 1985 and with recognition by the Government; however, they were not offered any official title deeds to the property and were only given a receipt by the authority. A receipt provides legal recognition that the land is occupied by the bearer of the document; however, it is only temporary and still does not give them ownership rights. In 1991, Prime Minister Hun Sen declared that the people could continue living on that land. Prime Minister Hun Sen had also permitted the people to claim ownership. The land was later however handed over to a company named Cheng Cheng; despite a further statement by the PM in 2001 that the families could retain the land, in January 2007 the company started dumping soil on three villagers' property in Thmei village in an attempted forced eviction. One of homes that became covered in dirt had belonged to a villager named Yang. The company then allegedly forced Yang to sign a document and accept 1 million Riels (USD 250) to move from the land. When villagers protested, police cases were registered against them, and in one incident the company dumped further soil over two women who attempted to stop the eviction. The women suffered injuries.801 In January 2007, in Pram Muoy Village, Mittapheap District and Pou Thoeung village, Prey Nop District, 300 families were threatened with eviction by municipal authorities. The Sihanoukville Governor, in separate letters both dated 19 January 2007, warned the villagers that he would order police to forcibly clear the properties, if the villagers did not leave the land.802 From 25 January to 25 April 2007, in Reach Chea Nukol village, Stung Treng commune, Stung Treng district, 29 families were threatened with eviction after an army general, who is the chief of the Committee of Immovable Property Management of the Royal Cambodian Armed Force

798 The Irrawaddy, China's Grip on Burma 'Cause for Concern', 29 September 2008, http://www.irrawaddymedia.com/article.php?art_id=14333 799 Cambodia Daily, 16 January 2007 800 Cambodia Daily, 12 Jan 2007 801 Asian Human Rights Commission (AHRC), Urgent Action Appeal, Cambodia: Two women almost buried alive for protecting their land, 16 February 2007, http://www.ahrchk.net/ua/mainfile.php/2007/2226/ 802 Cambodia Daily, 23 January 2007

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(RCAF) Division 1, issued a notice to them. The notice was issued despite a court order restraining the army from evicting them.803 In March 2007, in Paknhai commune, one village was threatened with eviction by Try Pheap Import and Export Co Ltd., after the Council of Ministers gave the company permission to construct an entertainment resort on 150 hectares.804 Also in March 2007, in Chrang Chamreh Sangkat, Russei Keo District, one village was threatened with eviction by a wealthy businessman, whose trucks were dumping landfill on 30 hectares of land claimed by the residents of the village. The District Governor of Russei Keo said that the businessman had obtained the land legally and has the land titles.805 Also in March 2007, in Borei Keila, Phnom Penh, 54 tenant families were threatened with eviction by the municipality. According to the original agreement in 2003 between the municipality, residents and the private firm Phanimex, renters who have been constant residents at the community since 2000 should be eligible for alternative housing, but it was not clear how many of them would get it.806 In March 2007, in Chrop, Sre Sranok and Kbal Romea Villages, Kbal Romea Commune, Sesan District, 200 people were threatened with eviction by four companies, that were granted concessions to plant trees on land that had long been used by the indigenous villagers for subsistence farming, hunting and resin production.807 2008 In February and March 2008, in Kep, one family was threatened with eviction by members of the royal family. Pring Pov (40), a police officer, was reportedly arrested and tortured as he refused to vacate his house. Pring Pov had earlier reportedly been coerced into writing over the land to a member of the Thai royal family, who is now allegedly attempting to force him off of it. His wife was reportedly told that he would be released on the condition that he dismantle his house and vacate his land without expecting compensation.808 Throughout 2008, in Dey Krahorm, Phnom Penh, more than 400 families were threatened with eviction by the 7NG construction company and the local authorities. More than 400 families in the Dey Krahorm area of Phnom Penh have resisted their eviction for several years and demanded compensation commensurate with the market price of their lands. 7NG, a company to which the Government has given a land concession for "development", has refused to accede to their demand. Residents have been subjected to harassment, violence and blockades by the company with the support of the local police, including a physical attack in January 2008 involving stone pelting on residents by company personnel, in which one woman resident was injured. In December 2008 the residents were issued a â&#x20AC;&#x153;finalâ&#x20AC;? eviction notice which was then verbally postponed. Note that, while the case is listed under threatened

803 Asian Human Rights Commission (AHRC), Urgent Action Appeal, 29 families face illegal eviction after the military disobeys a court order, 26 February 2007, http://www.ahrchk.net/ua/mainfile.php/2007/2237/ 804 Cambodia Daily, 7 March 2007 805 Cambodia Daily, 8 March 2007 806 Cambodia Daily, 16 March 2007 807 Cambodia Daily, 12 March 2007 808 Cambodia Daily, 12, 13, 27 March and 4 April 2008

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evictions in 2008, the community was evicted on 24 January 2009. Families now live in woefully inadequate conditions at a distant relocation site.809 In Boeng Kak Lake, 4,000 families were threatened with eviction by Shukaku Inc Company.

The families live on and around a 90 hectare lake. In 2007, the Municipality of Phnom Penh entered into a 99 year lease agreement with private developer Shukaku Inc Ltd., handing over management of 133 hectares of land, including all of the lake and the surrounding area, to the company. Shukaku Inc Ltd. plans to fill in the lake and develop luxury apartment buildings, commercial space and hotels on the site. The lease agreement is in violation of national law.

The Municipality proposes that the residents of the lake move to a relocation site, which the residents reject as inadequate. In addition, the Municipality had vastly underestimated the number of families at around 600 families. It concedes in August 2008 that the number of families that will be affected is unknown to the Municipality. On 26 August 2008, Shukaku Inc Ltd. begins the process of filling in the lake with sand to make it suitable for construction.

Residents report rising water levels, and several houses collapse due to the filling operations in the reminder of 2008. Compensation offers made to families are nowhere near the market value of the land and would not allow residents to seek alternative adequate housing close to the city centre. Residents who try to advocate for their rights are regularly subject to threats, harassment and intimidation, and a number of meetings of community members are broken up by armed police. At the end of 2008, approximately one quarter of the lake is filled up and the filling continues, still without adequate relocation or compensation offers for the families.810 In December, in Phnom Penh, 70 families were threatened with eviction by the municipality of Phnom Penh and the private company Bassac Garden City. The private developer aims to build luxury villas and apartments on the site. The community, most of whom are former members of the armed forces, has been living on the land since the 1990s. Up to early 2008, the community comprised of 209 families. The land was allegedly "bought" by the developers in 2000, although it is unclear how they acquired the land. The land is adjacent to the Bassac river, low lying and prone to seasonal flooding. The houses in the community are built on stilts. In 2005-2006, the developers began filling in the land with sand to make it suitable for construction of luxury housing. The community complained to local authorities and received low compensation/relocation offers, which the community rejected. Authorities variously claimed that the land was needed by the companies and/or for a road development project.

Repeated requests by the community to receive more information, including the masterplan, were rejected. Some community members who were reportedly threatened or intimidated, sold their land to individuals with connections to high level government officials. In 2007, the Governor twice wrote to the community with threats, instructing them to resettle in other areas or face eviction. By the end of 2008, only about 60-70 families remained in their homes.811 In December, in Phnom Penh, 90 families of the Group 78 community were threatened with eviction by the municipality of Phnom Penh on behalf of the private investor Sour Srun. The families first began living on the land in the 1980s. The community grew and had up to 150 families before the eviction threats began. Community members have possession rights under Cambodian land law and should be able to convert these into ownership titles. They have tried

809 See http://www.cohre.org/deykrahorm. Note that, while the case is listed under threatened eviction 2008, the community was evicted on 24 January 2009. Families now live in woefully inadequate conditions at a distant relocation site.

810 COHRE, Amnesty International, Joint media release, Cambodia: Lake filling must not lead to forced evictions, 27 August 2008; and COHRE internal documents, August-December 2008.

811 COHRE, Reak Reay Factsheet, 3 March 2009; and COHRE internal documents

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to do so, but their applications were rejected by authorities. The community has now received various eviction notices, but has remained on the site to date. Notices were never issued based on a court order, but by the municipality unilaterally. The municipality has variously claimed that the land is needed for a bridge and road development or by Sour Srun. No detailed plans are available, but a bridge is under construction. The community was offered some compensation, but have rejected these as inadequate. The community stays on the site and continues to demand fair, market based compensation in recognition of their possession rights, and/or realisation of an onsite upgrading proposal made by the community.812 China 2007 On 15 May 2007, in Dongsi Batiao, 24 households were threatened with eviction by Zhongbao Jiaye Development Company, in order to make way for a new residential development. The property developer had announced that it plans to build a European-style residential and commercial complex on the site. Such a complex would violate laws that limit construction in controlled "buffer zones" near preservation areas.813 On 17 May 2007, in Shalian Village, one household was threatened with eviction by the Yangzhou City Demolition and Eviction Company. The City Management Law Enforcement Squad had decided that the home impaired the city's landscape. In protest, a woman living in the house poured gas over her body and climbed onto the roof of the house, threatening to set herself on fire. Her husband and other family members stood by her side, vowing to protect the house. While pouring gas onto her body, the woman had also poured gas onto vehicles from the various city departments, attempting to stop their efforts to demolish her home. At noon, the demolition squad left the scene without having bulldozed her house, though they shut off the electricity.814 In September 2007, Thao Aborigines living in areas surrounding Sun Moon Lake in Nantou County were threatened with eviction by the Nantou County Government. To attract more tourists to the area, the Nantou County Government announced a plan in 2004 to build a luxury hotel. The Thao opposed the plan as the 2.6-hectare site selected for the construction includes ground on which titisan -- the Thao New Year worship of ancestral spirits -traditionally takes place. The construction would also require the demolition of part of a Thao village.815 Hong Kong Special Administrative Region The Hong Kong Special Administrative Region, though part of China since 1997, maintains a high degree of control over all affairs of Government, except foreign relations and defence.

Hong Kongâ&#x20AC;&#x2122;s Basic Law, a form of constitution for the territory, explicitly makes reference to the ICCPR and ICESCR and makes them applicable directly to Hong Kong. Due to the limited amount of land available in Hong Kong, development pressure is high on the remaining land suitable for real estate development.

812 COHRE internal documents.

813 The Christian Science Monitor, A wrecking ball for Beijing's history, 25 May 2007; and Channel News Asia, Demolitions spark outrage in historic Beijing, 16 May 2007, http://www.channelnewsasia.com/stories/afp_world/view/276562/1/.html 814 The Epoch Times, Homeowner Vows to Ignite Herself to Stop Bulldozers, 24 May 2007, http://en.epochtimes.com/news/7-5-24/55680.html 815 Taipei Times, Thao tribesmen protest hotel plans, 11 September 2007

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2007 In October 2007, in Ma Shi Po Village, 150 households were threatened with eviction after developers refused to renew the lease of tenant farmers. Residents, many of them elderly, have lived there for over 40 years, paying low rent (HK 3,000 a year), using the land to farm and then selling their produce in local markets. Henderson Land started buying land in the village in 2000, and have about 80 per cent ownership. They then began proceedings to evict the tenants. The District Council said that with Government plans to turn the Northern New Territories into low-density residential housing, more tenant farmers are likely to be affected.816 Taiwan 2007 In October 2007, in Sijhou Community, Taipei County, 200 Amis aborigines were threatened with eviction by the Taipei County Government. Sijhou Community aborigines will be forced from their homes under the Taipei County Government's planned development. Facing nationalization of their traditional domains after World War II, many Aborigines left their home villages to work in cities. Many Amis people came to Taipei and worked as construction workers and moved around depending on the location of construction sites. The County Government claimed they would be relocated, but the people were apprehensive and felt the relocation was inadequate.817 2008 In June, in Sinjhuan City, Taipei County, 80 residents of a Sanatorium were threatened with eviction by the construction of a Mass Rapid Transit System. The Sanatorium was opened 78 years ago and has been home to over 350 persons affected by leprosy. 195 had already been forced to leave in 2007. The government intended to house the residents in a new high rise hospital, which was unsuitable for leprosy patients.818 Fiji In December 2006, the democratic Government of Fiji was replaced in a military coup by military rule. Since then, freedom of expression is heavily curtailed and all opposition thwarted. Restrictions of democratic freedoms can negatively impact the ability of those affected or threatened with forced eviction to access their rights and to advocate for them.

2007 In October 2007, in Vatukoula, Theodore Park, one family was threatened with eviction by the Westech Gold corporation, which had recently taken over a mining company and wanted the family of a former mineworkers to vacate the company quarters in which they are living.

Though the managing director of Westech Gold promised the family that no eviction or relocation would occur until alternative housing was arranged, the family was twice issued eviction notices.819 On 27 December 2007, between Grantham Road and the Wailea squatter settlement, 30 houses were threatened with eviction by the Arya Pratinidhi Sabha, a religious organisation, which has been leasing the land and is seeking to reclaim it. The property was leased to the 816 South China Morning Post, Call for firm to aid farmers; Henderson urged to help elderly tenants, 30 October 2007 817 Taipei Times, Sijhou Community Aborigines may be forced to leave home, 16 October 2007 818 COHRE Media Release, Human Rights Violations Imminent in Taiwan if Residents of Lo Sheng Sanatorium are Forcibly Evicted, 12 May 2008 819 Fiji Times, Move out, mine family told, 12 October 2007

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group for an educational/community development project. People started to settle on the land in 1989 and have continued, despite reported warnings to leave. A spokesman for the community said they were confused about who the land belonged to because they had occupied it for 15 years thinking it was nobody's property. The people claim to have cleared the land and made it suitable for use. Despite requests by the community for the Government to intervene to help them, no assistance has been forthcoming and representatives from the Ministry of Land have indicated that they view the land as beloning to the Sabha.820 ICESCR: No

CEDAW: Yes

ICCPR: No

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

India 2007 In 2007, along the banks of the Mithi River, Mumbai, 1,000 people were threatened with eviction by the Mithi River Development Authority and the Municipal Corporation. The Mithi river is to be developed to protect against flooding. Clean up operations will include deepening and widening of the river, construction of bridges, and building of jogging tracks. The river had flooded in 2005. Compensation was announced but then jeopardised after the Central Government withdrew from the project.821 In January 2007, in Keonjhar district, approximately 300 kilometres northwest of Orissa's state capital of Bhubaneshwar, 27 villages were threatened with eviction by the global steel giant Arcelor Mittal. The world's largest steelmaker, Arcelor Mittal signed an agreement with the Orissa Government to build its first Indian steel plant in the state. The 8.7-billion dollar Arcelor Mittal steel project is to be located on an 8,000 hectare (19,768 acre) site in Keonjhar, which is rich in minerals. Orissa, which has a quarter of India's iron ore reserves, has witnessed a rush by both Indian and international companies to invest in large steel plants there. The villagers who were likely to be affected staged a series of protests.822 Also in January 2007, in Coimbatore, Tamil Nadu, 10,000 people were threatened with eviction by acquisition of 300 acres of land for expansion of the Coimbatore Airport. The expansion would allegedly require the demolition of 2,000 houses, 15 mills, 50 industries and two schools. Residents' associations have petitioned the district collector, but fear that the airport authorities are planning to go ahead with the plan.823 Also in January 2007, in Nandigram, East Midnapore District, West Bengal, 10,000 people were threatened with eviction by the West Bengal government and workers of the ruling Communist Party of India-Marxist (CPI-M). The West Bengal Government has planned the acquisition of land in Nandigram for a Special Economic Zone (SEZ) to be set up by the Salim Group, an Indonesian conglomerate. From January 2007 onwards the area witnessed massive protests against the project. The notification for land acquisition was then withdrawn by the West Bengal Government, which has stated it would "exercise caution" while going ahead with the project. The area subsequently witnessed bloody and violent clashes between 820 Fiji Times, Squatters seek State help, 12 October 2007 821 The Times of India, Centre not to fund Mithi Rehab, 12 September 2007 822 The Statesman, Mittal plant too faces people's ire, 13 January 2007 823 The Hindu, India: Residents oppose land acquisition for airport expansion, 29 January 2007, http://www.hindu.com/thehindu/holnus/004200701292021.htm

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ruling party workers, police and protesters, in which both party workers and local residents have been killed. Incidents reportedly include the death of at least 6 people, including a 14-year old boy.824 Also in January 2007, in West Bengal, 54 villages were threatened with eviction by National Highway Authority of India (NHAI) due to acquisition of land for the construction of a 55.6 km four-lane bypass on the National Highway 35, which will connect Barasat and Petrapole in Bongaon.825 In February 2007, in Inaam Alangulam village, situated between Nanguneri and Ervadi in Tamil Nadu, 450 households were threatened with eviction by the US-based INFAC group for the construction of the Nanguneri High Tech Park (to be a Special Economic Zone, SEZ).

The SEZ had been planned on the barren land east of the village. However, the officials felt that the land acquired (2,100 acres) was insufficient, and it was decided to acquire 450 acres more. If the farmland around the village is acquired, the people will be forced to leave the village. "When alternative land is available, the administration should consider acquiring it. Or else, we will mobilise the farmers against any land acquisition at the village and organise an agitation," said a member of the farmersâ&#x20AC;&#x2122; wing of the Communist Party of India.826 In March 2007, in Kranti Nagar, Mumbai, 300,000 people were threatened with eviction by the Mumbai Metropolitan Region Development Authority (MMRDA) due to expansion plans for the Mumbai international airport. In February 2007, residents were given eviction notices as part of the rehabilitation plan; but notices were served without informing where and how they were to relocate to. A local political leader led the objections of the residents, stating that "the tenements built by Mumbai Metropolitan Region Development Authority (MMRDA) at Mankhurd are sub-standard and have no light and water". Alleging that the GVK-SA led consortium is not revealing its claimed rehabilitation plans, he alleged that the slum dwellers could be easily accommodated in the vicinity of the airport, but the company is refusing to do so as it wants to develop a five-star hotel and a mall there.827 Also in March 2007, in Singur, West Bengal, 40 shops were threatened with eviction by the district health administration. The administration claimed that at least 40 structures had come up on the lands adjacent to the Singur Rural Hospital outdoor ward, owned by the state health department. The stalls were to be offered an alternative site.828 In April 2007, in Golconda Fort, 1,152 houses were threatened with eviction by the Archaeological Survey of India (ASI) as they were within 100 meters of the monument (where

824 Asian Human Rights Commission (AHRC), India: Alleged killing of Nandigram villagers protesting against land acquisition by the state during a crash with CPI-M workers, 16 January 2007, http://www.ahrchk.net/ua/mainfile.php/2007/2166/; and Amnesty International Public Statement, India: Deaths in West Bengal during protest against new industrial project, 11 January 2007, http://www.amnestyusa.org/news/document.do?id=ENGASA200042007; and The Hindu, Outsiders to blame: CPI (M) Misinformation campaign, says Biman Bose, 10 January 2007; and Daily News and Analysis, CPI(M) divided, 10 January 2007; and BBC Monitoring South Asia, India: Protesters clash with police in West Bengal, 9 January 2007; and Organisation of Asia-Pacific News Agencies, Six killed in clash over land acquisition in West Bengal, 8 January 2007; and BBC Monitoring South Asia, Violence marks Bengal shutdown, 8 January 2007, http://news.bbc.co.uk/2/hi/south_asia/6240007.stm 825 The Statesman, Authorities try to grab land for bypass on NH, 16 January 2007 826 The Hindu, Villagers fear eviction- Move to acquire land for Nanguneri SEZ opposed, 5 February 2007; and Financial Express, Nanguneri SEZ project set to take off, 2 February 2007; and The Hindu, Conceptual plan for Nanguneri SEZ submitted :It will have light manufacturing, design and assembly facilities, 18 January 2007 827 Daily News and Analysis, BJP slams airport slum rehab plan, 2 March 2007; and ibid, Airport survey work stalled Slum dwellers turn back officials wanting to rehabilitate 60,000 slums, 27 February 2007 828 The Statesman, Shanties thrive in hospital area, 5 March 2007

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construction is prohibited as per the Ancient Monuments Archaeological Sites and Remains Act, 1958). The High Court also directed the authorities to take steps to remove the structures.829 Also in April 2007, in Gafur Colony in Haldwani, residents were threatened with eviction by Indian Railways officials. The Railways claim the residents were encroaching railways lands.

Protests were met with police violence.830 Also in April, in the area between Barang and Khurda, Orissa, between 500 and 1,700 families were threatened with eviction by an Asian Development Bank (ADB) funded project of the Rail Vikas Nigam (Raiway Development Corporation). The project is for the construction of a third railway track from Barang to Khurda. The residents claimed that their eviction would be in violation of Orissa laws, and moreover that the Government's official estimate of 558 families was only one third of the real number.831 Also in April 2007, settlers on 2,033 hectares of land across the country were threatened with eviction by the Railway Land Development Authority (RLDA). The RLDA is a statutory authority meant to undertake all tasks related to commercial development of vacant land owned by the railways across the country. The Authority is taking steps to remove â&#x20AC;&#x153;encroachersâ&#x20AC;? from these lands.832 On 1 May 2007, in Malda, West Bengal, families living close to railway tracks were threatened with eviction by railway authorities. After protests, the Malda administration requested the railway authorities in Malda not to go ahead with the eviction drive without notice to those living there.833 In May 2007, in Edachira, Ernakulam district, Kerala, 58 families were threatened with eviction by the State Government at Edachira for the proposed Smart City project. Residents said the land price fixed by the Government was very low.834 Also in May 2007, in Bhubaneswar, 241 families were threatened with eviction by Utkal University. The University claimed the families had encroached about 8.5 acres of university land, but that eviction could not take place due to the fact that the State government has not devised a rehabilitation plan.835 In June 2007, in Vizianagaram, Andhra Pradesh, three villages were threatened with eviction by the Andhra Pradesh Government and the Jindal Group after the Government attempted to acquire the land for the company to build an aluminium refinery. In July 2005, JSW Aluminium Limited of the Jindal Group signed a memorandum of understanding (MoU) with the State Government for setting up the refinery. The total cost of the proposed project including the captive electricity plant is estimated at Rs.90 billion. The agitation against the eviction is being led by the Communist Party of India (CPI) and Communist Party of IndiaMarxist(CPI-M), while environmentalists are also opposing the project on the grounds that the factory would harm the forests. The left parties alleged that authorities were trying to forcibly

829 The Hindu, Golconda to be rid of encroachments, 25 April 2007 830 Hindustan Times, Eviction drive turns violent in Haldwani, 26 April 2007 831 The Statesman, Slum dwellers seek rehabilitation package, 18 April 2007 832 The Press Trust of India Limited, Vacant sites entrusted to RLDA for commercial development, 22 April 2007 833 The Statesman, Setback for railway eviction drive, 1 May 2007 834 The Hindu, Evictees at Edachira take out march, 1 May 2007 835 The Hindu, Encroachment of varsity lands in focus at V-Cs' meeting, 8 May 2007, http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2007050813160300.htm&date=2007/05/08/&prd =th&

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acquire 1,264 acres of agricultural land, and that the factory, coming up on 1,500 acres of land, would ruin agriculture in the area and would also deplete the area's water resources.836 Also in June 2007, in Mawthabah in the West Khasi Hills district of Meghalaya, up to 30,000 indigenous people were threatened with eviction by the Uranium Corporation of India Ltd (UCIL) for the Kylleng Pyndeng Sohiong Uranium Mining and Milling Project. The local student union said the project would affect the environment, lead to displacement of the villagers as well as create problems like land alienation and health hazards. 837 In August 2007, in Karimganj, forest officials evicted Khasi indigenous people from areas that they stated were community fish ponds. The forest officials were accused of having taken along Bangladeshi migrant workers for the eviction, in an attempt to trigger an ethnic clash between the Khasis and the migrants.838 In September 2007, in Bhubaneshwar, Orissa, slum dwellers living along the National Highway were threatened with eviction by the National Highways Authority of India, which wanted to clear the highway of “encroachments”.839 Also in September 2007, in Maharashtra, nearly 1m100 waqf properties (properties donated by Muslims for religious or social use) were subject to eviction proceedings. The Government announced moves to introduce legislation to recognise property belonging to Waqf Boards as Government property. The proposed law would provide the Chief Executive Officer of the State Waqf Board with powers to evict encroachers without separate legal authorisation.840 Also in September 2007, in Kolkata (West Bengal), five apartment buildings were threatened with eviction for the construction of the East West Metro line. About five buildings, including one petrol pump, will have to be pulled down when one of the metro stations is constructed.841 In December 2007, in Karnataka, one hundred buildings were threatened with demolition by city authorities. The authorities argue the constructions are illegal and in violation of city bylaws. They also plan to use the collected penalties for the acquisition of adjacent lands to build a park for residents.842 2008 In 2007 and 2008, in Chengara, Kerala, 24,000 people faced a threat of eviction by the State Government and the ruling party (Communist Party of India (Marxist)). Those threatened with eviction were landless people who had occupied an estate being run by the company Harrison Malayalam Private Ltd., whose lease on the estate had expired in 1985. The occupation took place after the failure of the Government to fulfil earlier promises to grant land. The occupiers

836 India e News, Farmers protest Aluminium project in Andhra Pradesh, 4 June 2007, http://www.indiaenews.com/business/20070604/54709.htm 837 Telegraph India, India-Picketing & blockade today, 3 June 2007, http://www.telegraphindia.com/1070604/asp/northeast/story_7872773.asp; and Khasi Students’ Union (IWGIA), Background Paper: Proposed Uranium Mining in Meghalaya, India: A Strong Plea against It, March 2007, http://www.iwgia.org/graphics/SynkronLibrary/Documents/Noticeboard/News%202007/Asia%202007/MeghalayaUraniumMining.htm 838 Telegraph India, Eviction triggers communal crisis- Forest department's plan goes awry, 14 August 2007, http://www.telegraphindia.com/1070815/asp/northeast/story_8192665.asp# 839 Pioneer News Service, Slum dwellers urge NHAI for compensation, 12 September 2007 840 The Economic Times, State to make Waqf land govt property, 7 September 2007; and Daily News and Analysis, Govt wants to make amends for Wakf properties, 7 September 2007 841 The Statesman, Metro extension comes at a price, 6 September 2007 842 The Hindu, Regularisation of bylaw violations till December 14, 17 October 2007

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were subjected to police harassment and a blockade by workers of the ruling party, which blocked entry of food and medicine into their settlement inside the estate.843 In April 2008, in the Karungalpalayam area, 200 houses were threatened with eviction after the Madras High Court ordered the Public Works Department (PWD) not to allow encroachers to remain on the Cauvery riverbank. The PWD argue they are responsible for ensuring the safety of the residents, and they were likely to be affected when the river flooded, so they will evict them and relocate them to alternate premises. A Minister also promised the residents that they would be relocated to the Chitode area.844 In July 2008, in Amaravati District, Maharashtra, one family was threatened with eviction after their land was sold to a private owner when the affected family could not meet extortionist demands from a moneylender, which in turn were based on an illegal agreement. A civil court, ignoring the illegality, had passed an order against the family in 1996. The family appealed to higher courts but is facing threats.845 In August 2008, in Maharashtra, near Mumbai, 45 villages were threatened with eviction by the State Government and Reliance Industries. Reliance had sought and been granted approval for construction of a Special Economic Zone in the area. The struggle against eviction has been going on since 2006. In August 2008, the State Government held a public consultation in which a majority of farmers reportedly rejected the compensation being offered and opposed the SEZ. Following ongoing protests, the State Government then announced that 22 of the villages would be left out of the SEZ, but the acquisition notice for these villages has still not been withdrawn.846 In Singur, West Bengal, several agricultural communities faced eviction as a result of an attempted takeover of the land by the State government, which in turn wished to hand over the land to the Tata company. The eviction was averted in late 2008 when the Tata company withdrew in the face of protests.847 Throughout 2008, tens of thousands of people were threatened with displacement in Madhya Pradesh as a result of the increase in height planned for the Indira Sagar dam, one of several dams on the Narmada river and part of the mammoth Sardar Sarovar dam project that has already displaced hundreds of thousands of people. Protests took place throughout the year.

Protesters allege that the State Government is violating public commitments made by the Chief Minister as well as the orders of the Madhya Pradesh High Court. They are dissatisfied with the resettlement being offered and oppose the expansion of the dam.848 Indonesia 2007 In March 2007, in Lampung Bay, 3,000 households were threatened with eviction by the Bandarlampung Development Planning Board (Bappeda) for the planned construction of a coastal highway. The highway forms part of Bandarlampung municipality's Water Front City project, which it hopes will help ease traffic in the city. To aid the construction effort, three 843

Email correspondence to COHRE, August 2008 844 The Hindu, Eviction notice served, 31 October 2007 845 Email correspondence to COHRE, 15 July 2008 846 BBC, India's divisive economic zones, accessed 25 September 2008, http://news.bbc.co.uk/2/hi/business/7632411.stm; and email correspondence to COHRE, 23 July 2008 847 Email correspondence to COHRE 848 Narmada Bachao Andolan (NBA), Press release, If our villages are submerged without giving us our rights, we will submerge but not move, 17 August 2008, http://www.narmada.org/nba-press-releases/august-2008/Aug17.html

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companies have been carrying out land reclamation operations in the Lampung Bay area since 2003 using rocks from Bukit Camang in Bandarlampung. The reclamation of dozens of hectares of beach area and the planned mass eviction of residents living along the beach attracted protests from residents and non-governmental organizations. Residents were to be relocated to rented flats, but the down payment was not specified.849 In May 2007, in Meruya Selatan, villagers living on 78 hectares of land were threatened with eviction after the land was claimed by the private company PT Portanigra. The villagers had been occupying the land for decades; the Jakarta administration had issued title certificates to both the village and the company. Nevertheless, the Supreme Court ruled in favour of the company, though there were allegations of irregularities.850 Also in May 2007, in the Tangerang subdistrict of Pajang, 5,000 people were threatened with eviction from a 64 hectare site by the Airport Authority, in order to make way for the extension of the Soekarno-Hatta International Airport.851 In August 2007, in Manado, some families were threatened with eviction by the North Sulawesi provincial housing and infrastructure service due to construction of a ring road in the city.852 Throughout the year, approximately 18,500 people living under freeways were threatened with eviction by the North Jakarta administration, though they proposed an alternative plan which was ignored by the administration.853 2008 In April to June 2008, in Gili Trawangan, off Lombok, local residents were threatened with eviction as a result of planned tourism projects. Gili Trawangan has been the centre of Lombok's longest running land conflict since the 1980s. Local residents have fought to gain legal title over the land they lived on for decades, while continuous efforts have been made by the Government and private corporations to remove them.854 On 22 July 2008, in Pai Village, Wera District, West Nusa Tenggara, 700 people protested against plans for a mine that would displace them. They demanded the revocation of mining licenses that had been granted to three private companies. 18 people, including a woman and a child, were detained and reportedly tortured, one of whom had to be hospitalised and placed under intensive care.855 In October 2008, in West Papua, large numbers of people were threatened with displacement and loss of their traditional resources after the Government opened up more than 6 million hectares of land for palm oil production. Private companies, including the large corporation Sinar Mas, are interested in clearing forests on these lands and using them for plantations.

Greenpeace reported that the resulting deforestation will harm the livelihoods of many in the

849 The Jakarta Post, Lampung fishermen threatened by coastal highway development, 21 March 2007 850 The Jakarta Post, Committees move in on Meruya land disagreement, 18 May 2007 851 The Jakarta Post, Airport expansion threatens to erase subdistrict from map, 14 May 2007 852 Organisation of Asia-Pacific News Agencies, President to dedicate ring road project in N Sulawesi next year, 29 August 2007 853 Urban Poor Consortium, COHRE partner in Indonesia 854 Inside Indonesia, Trouble in Paradise: A land conflict on the tourist island of Gili Trawangan dates back decades, AprilJune 2008, http://insideindonesia.org/content/view/1086/47/ 855 Asian Human Rights Commission (AHRC), Urgent Action Appeal, TITLE, 1 August 2008, http://www.ahrchk.net/ua/support.php?ua=uac-174-2008

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area, who depend on forest produce for survival.856 Other companies are also seeking permission to build paper mills in the area.857 In Sidoarjo, East Java, hot volcanic mud began spurting from a gas borehole on 28 May 2006 and continues to flow to date without signs that it can be stopped. Three years after the disaster began, the mudflow had displaced approximately 75,000 persons from their homes, and many more are threatened. Compensation payments by the Government and the company that operated the borehole, PT Lapindo Brantas, have been slow to arrive, if at all, and are woefully inadequate to compensate people for their economic losses. Many of those displaced are therefore forced to stay in inadequate temporary shelters, namely in a market building in Porong, or even on the side of the road. In the second half of 2008, approximately 570 families living in the Porong market have been subject to increasing threats of forced eviction, as government authorities wanted to re-establish the market to its original purpose.858 Iran 2007 All over Iran, 500,000 Afghan refugees were threatened with eviction and compulsory repatriation by the government of Iran. A drive to expel the refugees was launched on 21 April and some 25,000 sent back within the space of a few days, prompting strong protests by the Afghan Government. Around 20,000 refugees were dropped across the border in Afghanistan's Nimroz province, among them women who were picked up from the streets and who had left family members behind. Iran's Interior Minister Mostafa Pour Mohammadi has said the Government planned to send back around 500,000 refugees in the first phase.859 ICESCR: Yes

CEDAW: No

ICCPR: Yes

CRC: Yes

OP 1 â&#x20AC;&#x201C; ICCPR: No

CERD: Yes

CAT: Yes

Iraq 2008 In early 2008, many internally displaced persons (IDP) (Iraq has an IDP population of approximately 2.8 million), were threatened with eviction. Many IDPs are forced to squat in public buildings as there are no camps, so that those who cannot afford to rent or who do not have relatives they can stay with have no other choice but to squat. The Government in early 2008 issued an eviction order for all IDPs squatting in public buildings. While this was later postponed, some local authorities have evicted people and continue to implement evictions. 860

856 Reuters, Indonesia Papua forests seen under palm oil threat, 8 October 2008; and Agence France Presse, Palm oil clearing swathes of forest in Papua: Greenpeace, 10 October 2008 857 Wall Street Journal, Amid resource boom, investors target land in remote Papua area, 28 July 2008; and Radio New Zealand International, Papuan NGOs urge govt to protect forests from oil palm growth, 28 July 2008 858 COHRE Fact Finding Mission to Sidoarjo, August 2008 859 Gulf Times, Rally slams eviction of refugees by Iran, 2 May 2007, http://www.gulftimes.com/site/topics/article.asp?cu_no=2&item_no=146855&version=1&template_id=41&pa rent_id=23 860 International Organisation for Migration, Iraq Displacement and Return - 2008 Mid-Year Review, Habitat International Coalition, Middle East and North Africa, Displaced Iraqis Struggle for Food, Shelter, Services, 18 July 2008, http://www.hic-mena.org/pNewsId.asp?Id=739

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Israel In March 2007, in Jaffa, at least 497 families and possibly more were issued eviction notices from by the Tel Aviv-Jaffa Municipality, Amidar, the Israeli national housing company and the Israel Land Administration. Authorities argue that those who received eviction notices had breached their tenancy agreements, not paid rents, added building extensions without permits etc. The Ajami neighbourhood in Jaffa has a majority of Palestinian residents (80 per cent) who live in very old and dilapidated buildings. The buildings originally belonged to Palestinians but were expropriated by the Government under the Absentee Property Law (which also led to the expropriation of the property of Palestinians who had not fled). The residents now hold tenancy agreements with Amidar and have the status of "protected tenants". Most of the alleged planning offences (extensions and repairs without permits) were committed 20-30 years ago, but Amidar has never taken action before now. Moreover, there were no planning regulations for the area and residents were therefore unable to obtain planning permission for any alterations or repairs they undertook; Amidar let the buildings fall into a state of disrepair that often reached dangerous levels, thus giving tenants no alternative but to repair and extend apartments themselves. Residents allege that the “development” plans for the area are an effort to “judaise” the neighbourhood. Plans show that after completion of the Jaffa Renewal Plan, it is anticipated that the population will be 80 per cent Jewish and 20 per cent Palestinian, a reversal of the current demographic structure of the area.861 Occupied Palestinian territory862 2007 In March 2007, in Hebron, a household occupied by Israeli settlers was threatened with eviction by Israel's defense minister, Amir Peretz. Under the Oslo Accords' framework for the town, Israeli and Palestinian negotiators agreed to divide Hebron into two supposedly autonomous parts, one Israeli and one Palestinian. The standoff is over a big house on a hill, which local Palestinians say is owned by the Jaberi family and which Israeli settlers plan to name Heroes' Peak or Martyrs' Peak. Settlers occupied the house, but two and a half weeks later the Defence Minister issued directions to remove them. The settlers say they bought the property, but its Palestinian owners deny that and the Israeli authorities rejected the settlers' claim. The Defence Minister's decision follows a legal assessment by Attorney General Menachem Mazuz that concluded that the building was unlawfully occupied. The Defence Minister was however opposed by the Prime Minister.863 On 10 April 2007, in Al Hadidiya, in the Jordan Valley region of the West Bank, 21 people were threatened with eviction by the Israeli military's civil administration in the West Bank.

The administration cited security concerns for the eviction, as the homes are close to an Israeli army base, a firing range and a Jewish settlement. The residents, who are shepherds, are reluctant to give in to what they see as an Israeli land-grab, or risk being penned in by Israeli army checkpoints and cut off from the pastures and farmland they lease. The International Committee of the Red Cross (ICRC) stepped in to try to mediate a compromise, after an Israeli court rejected the case for the last time in December. The Red Cross and Palestinian 861 Arab Association for Human Rights, Unprotected Citizens - Amidar public housing company threatens to evict 497 Palestinian families in Jaffa- Tel Aviv, May 2008 862 The occupied Palestinian territory is not recognised as a state, and can therefore not become party to any international treaties. However, as an occupying power, Israel is obliged to follow human rights obligations in the areas it effectively controls. For this reason the occupied Palestinian territory has been placed after Israel in the report.

863 The Christian Science Monitor, Dismay as Israeli settlers take over Hebron home, 13 April 2007; and BBC, Hebron settler eviction ordered, 11 April 2007, http://news.bbc.co.uk/go/pr/fr/-/2/hi/middle_east/6544821.stm; and The Toronto Star, Emboldened settlers make a move West Bank, 15 April 2007

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officials said that more than 40 percent of the Jordan Valley zone has effectively been placed off-limits to Palestinians while Jewish settlements there have expanded. The administration is pressurising the inhabitants to move to another town.864 2008 In August and September, Israeli Defence Minister Ehud Barak and other authorities called for the demolition of houses belonging to Palestinian residents of East Jerusalem who had been involved in various incidents. In March and July, two Palestinians carried out attacks that, in one case, resulted in the death of eight Israelis. In the last incident a Palestinian hit a group of people standing at a bus stop with his car; 19 received light injuries. The man was shot dead by an off duty soldier. His family claimed the incident was an accident. The Minister called for the demolitions in accordance with Israel's policy of demolishing the homes of Palestinian 'attackers.'865 On 6 November, in Beit Hanina, East Jerusalem, 22 people (2 families, comprising 22 persons, 8 of them children) were threatened with eviction by an Israeli municipal court. Israeli authorities maintain that the families have no right to live in their apartments. The building, which was constructed in 1954 on land that until 1967 was property of Jordan, had been used as the residence of a high-ranking military officer in the Jordanian Army. The residents claim that the Jordanian Government had transferred ownership of the property to the Islamic Waqf following the 1967 war. Between 1967 and 1995, the building was not inhabited or claimed by either the Israelis or the Islamic Waqf. In 1995, the Islamic Waqf renovated the building and leased it to a Palestinian family. In 1997, the current residents moved into the building. A court suspended eviction for some time, but then gave clearance for the government to remove the residents.866 Japan Discrimination against minorities is a human rights issue often raised in the context of Japanâ&#x20AC;&#x2122;s international human rights obligations, including in the housing sector.867 The following case demonstrates the impacts of racial discrimination in the housing sector.

2007 In October 2007, in Utoro, Uji City, Kyoto Prefecture, 200 ethnic Koreans were threatened with eviction by the Japanese Government. The residents are descendents of Koreans who were forced to migrate to the area during World War II to support the war effort. They were then forgotten and left on the land without work, resources or legal status. Japanese courts have refused to grant the Koreans property rights over the land, leaving the residents facing eviction. The eviction was suspended after the South Korean Government offered to purchase the land or a new residential area.868 ICESCR: Yes ICCPR: Yes OP 1 â&#x20AC;&#x201C; ICCPR: No

CEDAW: Yes CRC: Yes CERD: Yes

CAT: Yes

864 Reuters, Palestinian farmers fight Israel eviction threat, 8 February 2007 865 COHRE statement, COHRE calls on Israel to end house demolitions as a means of collective punishment, 15 July 2008; and Haaretz, Barak orders demolition of Jerusalem, yeshiva terrorists' homes, http://www.haaretz.com/hasen/spages/1009167.html; and BBC, Jerusalem crash 'not deliberate', accessed 24 September 2008, http://news.bbc.co.uk/2/hi/middle_east/7631693.stm 866 Email correspondence UN OCHA Displacement Working Group, 31 October 2008 867 Japan Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, UN Doc A/HRC/8/44, DATE 868 Kyodo News, S. Korea earmarks $1.6 million to help ethnic Koreans in Japan, 17 October 2007

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Malaysia 2007 In March 2007, in Kampung Semarak and Kampung Loke Yew, Kuala Lumpur, 109 families were threatened with eviction by the Kuala Lumpur City Hall. They were ordered to resettle in a different area and offered some compensation. The area is slated for construction of the Damansara Ulu Klang Expressway (Duke) expressway. The families claimed they had stayed there for 40 years. The Kuala Lumpur High Court granted an injunction against the eviction, which was later vacated by the Court of Appeals.869 In October 2007, in Bukit Lembu Estate in Sungai Lallang, 30 Indian families were threatened with eviction by the estate management. Some of the workers had been staying at the quarters for more than 50 years. After protests, the management reportedly promised to give the workers new permanent homes.870 In September to October 2007, at the Sungai Buloh Centre, 306 elderly patients were threatened with eviction by the Universiti Teknologi Mara, which was offered the site two years ago by the Health Ministry. In August, an attempted demolition was stopped amidst protest from residents and heritage supporters, who want the facility retained and preserved for its cultural significance. The Cabinet ordered that affected parties should hold discussions whilst the site should be partially preserved. Whilst the decision was still pending, demolition of some structures occurred. An interim protection order was issued to halt further development, but demolitions restarted shortly afterwards.871 Pakistan 2007 In January 2007, on the islands of Buddo and Bundal, many people were threatened with eviction as a result of a real estate project by the Dubai based company Emmar. The project involves development of residential, commercial and leisure areas, industrial parks, a free trade zone and port terminals spread over 12,000 acres in the two islands. The project will have a severe effect primarily on fisherfolk living and working in the area.872 In September 2007, on the banks of the Gujjar Nullah (river) in Karachi, families of “encroachers” were threatened with eviction by the city authorities. The city authorities claim that the nullah, which serves as a storm-water drain, needs to be extended and channelled, in order to prevent flooding rains and sewage overflow. The 'encroachments' on the banks are claimed to have narrowed the width of Gujjar Nullah. Whilst they have developed a resettlement plan for residents, some doubt has been expressed as to the financial viability of the project. It is argued that the scheme does not have sufficient funding needed to re-locate the

869 New Straits Times, Malaysia: Group appeals against eviction, 6 March 2007; and ibid, Malaysia: 109 families face eviction after Appeals Court ruling, 1 March 2007 870 The Star, Indian families hold peaceful demonstrations, 2 October 2007, http://thestar.com.my/news/story.asp?file=/2007/10/2/nation/19048705&amp sec=nation 871 New Straits Times, Demolition restart stirs debate, 9 October 2007; and The Star, Four chalets already torn down despite Cabinet directive, 3 September 2007; and ibid, Sungai Buloh leprosy centre safe - for now, 4 September 2007 872 The Nation, Protest against diamond bar island project, 10 January 2007; and ibid, Fishermen’s drive against island’s city, 9 December 2006; and ibid, Boat rally against twin islands project, 12 November 2006; and The Baluchistan Times, Fishermen hold rally against sale of island, contract system, 21 November 2006

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families. The Sindh High Court issued a stay order on the project when the residents filed a petition.873 In October-December 2007, in Shah Faisal Colony, Karachi, 75 households were threatened with eviction. The City Government is building a bridge between Shah Faisal Colony and Korangi Industrial Area under the Tameer-e-Karachi Programme (TKP). The bridge development was halted for two months.874 Philippines 2007 In Quezon City, many families were threatened with eviction after the City Government enacted an ordinance regulating the construction, repair, modification and demolition of buildings in the city. The ordinance allows the Government to demolish abandoned and unfinished structures if owners do not have permits or documents showing the structures do not pose a danger to the public.875 South Korea Korean NGOs report that forced evictions are a common occurrence in the country and that the Government lacks appropriate policies and safeguards to respect, protect and fulfil housing rights. The expansion of the US army base “Camp Humphreys” is a case of particular concern due to the large number of people affected.876 2007 On 31 March 2007, Daechuri Village, Pyeongtaek, was threatened with eviction by the 2,500 acre expansion planned for the neighbouring US army base, Camp Humphreys, which is to become the main US base in Korea. Protests in 2006 led to several activists being detained and 240 people being reportedly injured after some 18,000 police were deployed in the area. The Government has offered compensation to the villagers of Daechuri, some of whom have accepted the offer and left the village. Others refused and are attempting to resist the eviction.877 ICESCR: Yes

CEDAW: Yes

ICCPR: Yes

CRC: Yes

OP 1 – ICCPR: Yes

CERD: Yes

CAT: Yes

873 The Daily Times, SHC stays demolition in Gujjar nullah case, 29 September 2007, http://www.dailytimes.com.pk/default.asp?page=20070929story_29-9-2007_pg12_12; and Dawn, Immediate eviction of families from Gujjar Nullah planned, 18 September 2007, http://www.dawn.com/2007/09/18/local12.htm 874 The Daily Times, Shah Faisal Colony residents panic over Malir Bridge demolition, 8 October 2007 875 The Manila Times, QC govt to demolish abandoned structures, September 2007 876 Republic of Korea Universal Periodic Review, Summary of stakeholders’ information, UN Doc. A/HRC/WG.6/2/KOR/3, 2 April 2008 877 The Korea Heral, Korea- Military, residents resume talks in U.S. base dispute, 4 January 2007

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Sri Lanka 2008 In September 2008, in Colombo, hundreds of families and pavement vendors were threatened with eviction by the national police. Security and city beautification were cited as the reason for the evictions.878 From 28 July to 4 August, in Colombo, approximately 400 families were threatened with eviction as a result of a project to lay oil pipes along a rail track. The families were mostly manual and unskilled workers who had occupied land next to an unused track and built their shelters there. They received eviction notices from the railway authorities. It is estimated that up to 2000 more families may be affected. According to the families, no consultation took place, no alternative options were discussed, or any alternative accommodation or compensation offers made.879 Thailand 2007 In January 2007, in Wat Kalaya in Thon Buri district, 40 families were threatened with eviction

by Kalaya temple and the Religious Affairs Department. The Wat Kalaya community settled around the temple over 200 years ago and has co-existed with the monks since then. The temple wants the land for a new landscape development plan to boost tourism. The temple has plans to expand a pier, build a historical park and improve school facilities. The abbot of Wat Kalaya alleged that some tenants were not original members of the community as they subleased property on the land. However, community members said they will have no place to live following the eviction.880 Also in January 2007, about 2,000 families in various communities, including Don Muang, Bang Sue, Bang Son, Rama VI, Bang Phlat, Chaiyapruek and Taling Chan, were reportedly threatened with eviction by the Red Line electric train project, to run from Rangsit via Bang Sue to Taling Chan.881 On 4 January 2007, in Wat Yannawa in Soi Wanglee in Sathon district, 77 houses were threatened with eviction by the Religious Affairs Department through JSP Sathon, a private company hired by the Yannawa temple and the Religious Affairs Department to develop a piece of property. The temple says it needs the land to build a pavilion, monastic cloisters and a commercial complex. The Wanglee community came up with a plan to turn the area into a living museum, based on its historical value. Their struggle has been well supported by scholars. But the temple, which won a court order to evict the community, has shrugged off the museum plan and is going ahead with plans to clear the land for a new commercial building. Some tenants moved out after receiving compensation money, while the majority chose to stay.882

878 Daily Mirror, Pavement vendors to be removed, 6 September 2008, http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=25508 879 COHRE internal documents 880 Bangkok Post, Greed touches even those in robes, 5 January 2007; and ibid, Shophouses fall victim to change Construction workers move in as eviction deadline falls on vintage buildings, 31 December 2006 881 Bangkok Post, Public transport/Red line project, Deputy Governor overseeing BTS replaced, Thousands face loss of their homes, 15 January 2007 882 Bangkok Post, Greed touches even those in robes, 5 January 2007; and ibid, Shophouses fall victim to change Construction workers move in as eviction deadline falls on vintage buildings, 31 December 2006

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In November-December 2007, in Din Daeng Tenements, 32 apartment buildings were threatened with demolition to make way for a new housing and shopping complex. The development comprises 10-storey flat buildings, a shopping mall with an underground food court, a six-storey commercial building, office space and condominium units. The NHA claims the buildings are no longer safe for the residents. The residents are seeking to have the flats repaired, as recommended by engineering organisations, claiming that the cost of repairs would be a fraction of what re-development would cost. Residents also claim they paid to buy the rights to their flats and officials insisted they could stay for a long time.883 Yemen 2008 On 20 July 2008, two hundred families were threatened with eviction by the city administration of Sanaa, which said that their residences were not in accordance with the city plan. The police attempted to remove them and demolished 10 tin huts, but were resisted by the families and eventually withdrew. The slum lacks basic services, including water, sanitation and electricity.

People practice open defacation. The unhealthy conditions have led to the spread of diseases, especially among children, including malaria and diarrhoea.884

883 Bangkok Post, Demolition plan irks Din Daeng flat tenants Protesting residents insist on repair option, 17 October 2007; ibid, Din Daeng tenants warn of protest against razing, 28 October 2007 884 IRIN Middle East, Yemen: Police clash with slum-dwellers in Sanaa, 21 July 2008, http://www.irinnews.org/Report.aspx?ReportId=79353

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AVERTED FORCED EVICTIONS Despite the alarming scale and pace of forced evictions globally, communities, social movements and NGOs have worked together to successfully avert forced evictions in numerous cases. While their efforts have not always resulted in stopping the eviction permanently, in many cases, communities have been able to obtain more time to negotiate with the authorities for improved compensation and/or rehabilitation or pursue legal remedies.

Such success stories are of great value in as they not only positively impact the lives of people directly concerned but also because of the lessons and strategies that each success story provides to the larger movement for the realisation of the right to adequate housing.

This sections highlights some important cases of averted evictions and voluntary relocation in 2007 and 2008.

SOUTH AFRICA: Successful voluntary relocation within the inner city, Johannesburg885 Between 23 and 26 August 2008, over 450 residents of San Jose and 197 Main Street, two ‘bad buildings’ in Johannesburg’s inner city voluntarily relocated to buildings refurbished by the City administration. The voluntary relocation was a result of the successful implementation of a Constitutional Court order in the Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg (‘Olivia Road’) case that required the City to provide residents of San Jose and 197 Main Street with alternative accommodation within the inner city through a process of ‘meaningful engagement.’ Unlike in other cases where evicted persons, if relocated, are pushed to the periphery of the city, the Olivia Road relocation was within the inner city area.

The Constitutional Court order in the Olivia Road case is also of great significance to an estimated 67,000 urban poor in Johannesburg who would be affected by the City’s urban regeneration projects.

From the 1940s, Johannesburg’s inner city was zoned as a white residential and business area.

Beginning with the 1980s however, many of the inner city’s middle class residents and businesses began moving to Johannesburg’s northern suburbs. Following this, the inner city and its vacant buildings owned by absentee landlords became home to many migrants from rural areas and beyond South Africa’s borders, who came to Johannesburg in search of work.

In the absence of adequate public housing, many sought refuge in these empty and dilapidated buildings.

With the Inner City Regeneration Strategy in place in 2003, City officials sought to evict urban poor families from the so-called ‘bad buildings’ in Johannesburg’s inner city area using the National Buildings Regulation and Buildings Standards Act of 1977 (‘the NBRA’). This apartheid era law allowed for eviction of tenants from buildings that were deemed to be a ‘health and safety’ hazard.

Represented by the Centre for Applied Legal Studies (CALS), with the Community Law Centre (CLC), and Centre on Housing Rights and Evictions (COHRE) intervening as amici curiae, affected residents opposed the eviction in the Johannesburg High Court on the basis of section 26 of the South African Constitution that recognises the right to adequate housing and provides protection from forced eviction. Residents of Olivia Road also argued that the City’s 885

This piece is based on ‘Challenging inner City Evictions before the Constitutional Court of South Africa: The Occupiers of 51 Olivia Road Case’ by Kate Tissington in COHRE’s Housing and ESC Rights Quarterly, Vol. 5, No. 2, June 2008. See http://www.cohre.org/store/attachments/COHRE%20Quarterly%20vol%205%20no%202.pdf

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housing programme had failed to achieve progressive realisation of the right to adequate housing.

Noting that the City had made no efforts to engage with the residents on the eviction, in March 2006 the Court ordered the City to “devise and implement … a comprehensive and coordinated programme to progressively realise the right to adequate housing to people in the inner city of Johannesburg who are in a crisis situation or otherwise in desperate need of accommodation.” 886 Additionally, pending implementation of the programme, or until suitable accommodation was provided, the City was interdicted from evicting the residents of San Jose and 197 Main Street.

The City, however, appealed against the High Court order in South Africa’s Supreme Court of Appeal (SCA). In March 2007, the SCA unfortunately ruled in favour of the City and held that the provisions of the NBRA were consistent with the Constitution and the eviction sought was procedurally fair. The SCA also ordered the City to provide temporary accommodation for the respondents which was to consist of at least the following elements: a place where they may live secure against eviction; a structure that is waterproof and secure against the elements; and with access to basic sanitation, water and refuse services.

Following this, San Jose and 197 Main Street residents appealed against the SCA decision in the Constitutional Court. On 27 August 2007, the Court handed down an interim order requiring the parties to “engage meaningfully” with each other on issues of dispute and in light of the rights and values enshrined in the Constitution. Three months later, negotiations were concluded. The settlement agreement stipulated that the occupiers of both properties be provided with affordable accommodation, consisting of at least “security against eviction; access to sanitation; access to potable water; access to electricity for heating, lighting and cooking,” located in two buildings identified by the City or “in another building…located within the Urban Development Zone (UDZ) for the inner city of Johannesburg.” The agreement also stipulated that interim measures should be implemented in the San Jose and Main Street buildings to render them more habitable.

In its judgment of 19 February 2008, the Constitutional Court noted the City’s failure to meaningfully engage with affected persons while implementing the Inner City Regeneration Strategy, and interpreted ‘meaningful engagement’ as integral to the right to human dignity and the right to life. Recognising that engagement was often, if at all, carried out in an ad hoc manner, the Court stated that engagement must be a central part of all planning and redevelopment efforts. The Court further placed the responsibility on the State to engage civil society organisations that support peoples’ claims to facilitate engagement where affected persons appeared reluctant to do so. The Court also stipulated that in cases where an eviction was challenged under section 26 of the Constitution, municipalities would be required to provide the Court with an account of the engagement process.887 Six months and several rounds of negotiations later, over 450 persons voluntarily relocated to the two refurbished buildings located within the inner city area of Johannesburg. Some of the challenges included ensuring that allocation of rooms catered to the space and privacy requirements of both individuals and families in buildings that were originally designed for offices and a hospital. Negotiations also involved lease agreements, the specific needs, and income of every person to be relocated.

886

Rand Properties judgment, para 67.

For more details on the case see Brian Ray, Occupiers of 51 Olivia Road v City of Johannesburg. Enforcing the Right to Adequate Housing through “Engagement”, 12 August 2008, Human Rights Law Review, Forthcoming, ClevelandMarshall Legal Studies Paper No. 08-159. Available at http://ssm.com/Abstract=1220763 887

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Residents of the two buildings now pay not more than 25% of their monthly household income as rent and have security of tenure, shared kitchen facilities and access to adequate services including water, electricity and sanitation.

Where in most cases of relocation, urban poor communities who are evicted from the city centre are pushed to the margins, the Olivia Road case is a rare and welcome exception.

Relocating residents of San Jose and 197 Main Street buildings within the inner city has thus ensured that the affected persons’ rights to livelihood and healthcare and the right of their children to education is respected and protected. The Olivia Road case is significant as it not only makes ‘meaningful engagement’ a necessary step in the eviction and relocation process but also places the responsibility of achieving meaningful engagement firmly with the State. To many of those threatened with eviction in South Africa and around the world, the Olivia Road example proves that a win-win alternative to eviction is possible as long as it involves meaningful negotiation between the State and affected residents.

BRAZIL: Averted eviction in Manaus In October 2008, close to 5,000 families of the Luis Octavio community in Manaus were under immediate threat of forced eviction as a result of a judicial order. The order required them to leave their homes by 17 October 2008, or else face eviction. The families were occupying a plot of private land in Manaus and had been living there for over a year. The land had been abandoned and left empty for years by its owner, a private individual. However, in October 2008, the owner reclaimed ownership and possession over the land.

The judicial order to evict the families should they not vacate the land voluntarily was deemed illegal and in violation of the Constitution of Brazil. Since the land had not been used by its owner for several years, it did not fulfil its social function. Additionally, the families of the Luis Octavio community, had no other place to live.

Under Brazilian law, in cases such as this one, legal obligations are weighed, taking into consideration Constitutional as well as international law, including the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right of the families to adequate housing, which they would have been deprived of in case of eviction, was weighed against the rights and obligations of the owner of the land. Since land fulfils a social function, land ownership carries with it an obligation to use the land. The fact that the owner had abandoned the land for several years therefore meant that the human right to adequate housing of the families weighed more heavily than the right to ownership and possession over the land.

COHRE along with Caritas - Land and Housing Programme and Forum for Popular Housing appealed to the authorities to reconsider their decision to carry out the eviction in light of Brazil’s domestic and international legal commitments to the right to adequate housing and its commitment to the principles relating to the social function of property. Further it came to light that the claimant of the porperty did not have the sufficient documentation to prove ownership.

As a result, the judicial eviction order was revoked, and the families of the Luis Octavio community are now seeking the process of regularising their tenancy over the land and obtaining ownership titles. Although the claimant has has appealed against the decision in a superior court, the Luis Octavio community with the help of social movements and international NGOs have been able to obtain more time to try and gain security of tenure over the land that they occupy.

PHILIPPINES: Baclaran Grand Mosque, Pasay City The Baclaran Mosque community in Pasay City has been threatened with forced evictions for a decade, since arbitrary raids, including killings and other acts of bodily harm, and the 174

destruction of property and housing first began in 1999. The community’s home is the Grand Mosque reclamation site in Baclaran, Pasay City, in the District of Manila. The Mosque and its community stand on reclaimed land in the city centre, which is earmarked for development of commercial space, luxury housing and a casino. The settlement was first established in 1992, and the Mosque was built in 1994. Since 2007, attempts to evict the Baclaran Mosque community have increased in frequency.

In January 2007, during a particularly violent attempt at forcibly evicting the community, four community members, including two minors were shot dead in a raid carried out by the Metro Manila Development Authority, security forces and other state authorities. The perpetrators were never investigated. The community site was also isolated from its surroundings by the destruction of a pedestrian bridge, thus cutting off access to the market where many community members work.

Further eviction drives were carried out in June and November 2007. As in previous eviction attempts, the community protested and managed to stop the demolitions before all homes and the Mosque were destroyed. However, thousands more were made homeless and forced to live in makeshift shelters, community members were injured in the protests, and water and electricity supply cut off.

While government officials on a number of occasions agreed to find a relocation site for the community, these promises never materialised. Similarly, the government also reneged on its promise to pay P30,000 (USD670) in ‘disturbance pay’ to ‘qualified’ families after the June 2007 eviction attempt. Families continued to live in squalid conditions, without access to water, sanitation or electricity. In September 2007, the Philippine Reclamation Authority (PRA) went a step further and denied the entry of water rationing trucks to the area which had been requested by the community during the holy month of Ramadan. In addition, approximately 370 families were put under surveillance by PRA guards at that time.

In June 2008, yet another forced eviction drive was carried out. At that time, around 300 community members continued living around the Mosque. The demolition team consisted of approximately 200 men, and a SWAT team of about 30 persons. Residents blocked the demolition team from destroying houses, and through their resistance, managed to avert the eviction. Although the demolition team had a court order to evict the community, the decision of the court was not consistent with Philippine’s obligations under international human rights law, as residents had not been offered any alternative accommodation, among other measures required to deem an eviction as legal.

The Baclaran Mosque community eviction in June 2008 can also be attributed to adovocacy at various levels. While community members and activists held out against the PRA and SWAT teams, local groups like the Urban Poor Associates mobilised the media and local politicians to speak out against the ongoing housing rights violations and international NGOs like COHRE were able to raise the issue at the UN level, particularly in the Human Rights Council during the presentation of oral statements in the course of the Philippines’ Universal Periodic Review.

The Baclaran Mosque community case is another example of ways in which communities, even under pressure of powerful interests, can protect their right to at least maintain the level of housing they already enjoy through continued resistance and strong partnerships with a variety of groups working at different levels.888

888

Information from COHRE partner Urban Poor Associates (UPA), Philippines

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SRI LANKA: Eviction of 11 tsunami shelter sites in Moratuwa/Ratmalana halted On 10 September 2008, more than 500 families living in at least 11 tsunami transitional shelter sites in the Moratuwa and Ratmalana areas of Colombo received an eviction notice from the Government of Sri Lanka, ordering them to vacate the camps by 25 September 2008. The eviction date was later postponed to 10 October. Basic facilities and services such as electricity, water and sanitation were discontinued after the first notice, leaving residents without access to basic services.

The families that remained in the shelter sites nearly four years after the Indian Ocean tsunami were in their majority either members of extended families or former tenants and were therefore being denied assistance by the government.

In the case of extended families, the fact that selection of beneficiaries for housing assistance after the tsunami was based on household rather than on family size meant that assistance given was not sufficient to cater for the housing needs of large families.

In the case of former renters, although protected under the special tsunami legislation that extends the validity of their rent agreements to housing built for owners/landlords in replacement for destroyed houses, remain vulnerable to eviction as this legislation was never implemented, and most families had no knowledge of their entitlements.

In many of the remaining transitional shelter sites, members of extended families and former tenants therefore formed the majority of residents at the end of 2008. While the tsunami housing policy and legislation governing the provision of tsunami reconstruction assistance have no provisions under which these families are guaranteed assistance, the forced eviction of families from the transitional shelter sites would be in breach of Sri Lankaâ&#x20AC;&#x2122;s Constitution and its obligations under international human rights law, most notably Article 11.1 of the International Covenant on Economic, Social and Cultural Rights.

In response to the eviction threat, COHRE wrote a protest letter to the government and initiated a joint statement from organisations working in Sri Lanka and internationally to advocate for the right of residents to remain in the shelters until they had adequate alternative housing, and to receive assistance to obtain adequate alternative housing. COHRE also conducted a training on rights and negotiation strategies with the families, and filed a case at the Supreme Court on behalf of the families threatened with forced eviction.

On 9 October 2008, one day before the date of eviction, over 300 shelter residents protested outside the office of the relevant local authority and succeeded in obtaining a written cancellation of the eviction notice from the local authority. In the negotiation with the local authority, the families pointed out their rights and argued that the government was neglecting its responsibility towards the families in denying them assistance and threatening to evict them.

The immediate threat of forced eviction was therefore successfully averted by a combined effort from residents of the shelters and a wide coalition of civil society actors.

In November 2008, the Supreme Court decided the case. Regrettably, the Courtâ&#x20AC;&#x2122;s decision fell short of recognising international human rights obligations and agreed with the position of the government that the families were not eligible for assistance. The Court granted residents three months, up to the end of February 2009, to vacate the transitional shelter sites, and ordered that upon moving out, the government was to pay each family Rs. 25,000 (approximately USD 220).

As of May 2009, most of the residents continue to live in the shelter sites for lack of alternative housing. While the threat of evictions remains, the successful negotiations in October 2008 show how communities can advocate for their rights and gain some headway.

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BULGARIA: Roma eviction in Batalova Vodenista The Batalova Vodenitsa case is one of several cases of evictions facing the Romani community in Europe. Resulting from deep-rooted racial prejudice, Romani communities continue to suffer discrimination, isolation, marginalisation and a variety of related human rights violations.

Batalova Vodenitsa is one of the oldest Romani neighbourhoods in the Bulgarian capital city of Sofia. Known to have been in existence since 1911, the neighbourhood is located near the city-centre and is well connected to the city’s transport infrastructure. Batalova Vodenitsa’s prime location, however, was reportedly the unofficial reason that made it a lucrative area and attracted the attention of City authorities.

Over the years, the 180 residents of Batalova Vodenitsa have faced several eviction attempts as homes in the neighbourhood do not comply with existing construction standards in Sofia, although the housing conditions in which they live are themselves the result of racial discrimination. As pointed out by the Bulgarian Helsinki Committee, although houses in the neighbourhood could be deemed to be of poor quality, they are the only homes that the residents of Batalova Vodenitsa have and an eviction would render them homeless, as well as cut their historic ties with the area.

In 2005, residents of Batalova Vodenitsa were again targeted for eviction as the then Mayor of Sofia sought to clear the neighbourhood. Although residents legally challenged the eviction order, in 2006 the Supreme Administrative Court upheld the eviction order, noting that the houses were “illegal” and built on municipal land. Following this, residents of Batalova Vodenitsa filed a complaint at the European Court of Human Rights, claiming a number of violations of the European Convention on Human Rights. The petition requested interim measures under Article 39 of the Rules of the Court to stop the execution of the eviction order. Although the Court refused interim measures, it did apply Article 40 of the Rules and immediately informed the Government about the complaint.

Due to a variety of factors, including the complaint at the European Court of Human Rights and appeals sent by four Members of the European Parliament against the eviction order, the eviction was temporarily averted. Reportedly, municipal authorities also promised residents of Batalova Vodenitsa alternative accommodation. Although that promise remained unfulfilled, residents were able to remain in the neighbourhood.

On 27 June 2008, however, the District Mayor of Vazrazhdane warned the Romani inhabitants of Batalova Vodenitsa to leave their homes by 10 July or face forced eviction on 11 July. Alerted to this issue, COHRE sent a protest letter to the Mayor highlighting that in the absence of adequate provision of alternative housing and social support for the families, the forced eviction of the Romani families, who have lived in this neighbourhood for several generations, would constitute a gross violation of Bulgaria’s obligations under international human rights law.

On 8 July, as a result of action by COHRE and several other groups, the European Court of Human Rights ordered interim measures under Rule 39 of the Rules of Court on the eviction case of Batalova Vodenitsa. The Court ordered that the applicants should not be evicted from their houses pending receipt by the Court of detailed information on arrangements made by the authorities for securing housing for the children, elderly, disabled or otherwise vulnerable individuals to be evicted. The Government was requested to provide detailed information, including lists of names and addresses of the housing to be provided and transmit copies of the decisions guaranteeing that alternative housing would be provided. The Court decided to grant priority to the case under Rule 41 of the Rules of Court. A notice of the full application was given to the Government and it was invited to submit observations on the admissibility and the merits of the case.

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The forced eviction of Romani families in Batalova Vodenitsa has once again been averted.

According to information received by COHRE, municipal authorities in Sofia are currently discussing a variety of solutions including proper relocation and provision of alternative housing. The case at the European Court of Human Rights is still pending.

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APPENDICES UNITED NATIONS GENERAL COMMENT NO. 7 â&#x20AC;&#x201C; THE RIGHT TO ADEQUATE HOUSING: FORCED EVICTIONS889 1. 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.

2. The international community has long recognized that the issue of forced evictions is a serious one. In 1976, the United Nations Conference on Human Settlements noted that special attention should be paid to "undertaking major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made".890 In 1988, in the Global Strategy for Shelter to the Year 2000, adopted by the General Assembly in its resolution 43/181, the "fundamental obligation [of Governments] to protect and improve houses and neighbourhoods, rather than damage or destroy them" was recognized.891 Agenda 21 stated that "people should be protected by law against unfair eviction from their homes or land".892 In the Habitat Agenda Governments committed themselves to "protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided".893 The Commission on Human Rights has also indicated that "forced evictions are a gross violation of human rights".894 However, although these statements are important, they leave open one of the most critical issues, namely that of determining the circumstances under which forced evictions are permissible and of spelling out the types of protection required to ensure respect for the relevant provisions of the Covenant.

3. The use of the term "forced evictions" is, in some respects, problematic. This expression seeks to convey a sense of arbitrariness and of illegality. To many observers, however, the reference to "forced evictions" is a tautology, while others have criticized the expression "illegal evictions" on the ground that it assumes that the relevant law provides adequate protection of the right to housing and conforms with the Covenant, which is by no means always the case. Similarly, it has been suggested that the term "unfair evictions" is even more subjective by virtue of its failure to refer to any legal framework at all. The international community, especially in the context of the Commission on Human Rights, has opted to refer to "forced evictions", primarily since all suggested alternatives also suffer from many such

889

Committee on Economic, Social and Cultural Rights (CESCR), General Comment 7: The right to adequate housing (Art.11.1 of the Covenant): forced evictions, Sixteenth session (1997), available at http://www.unhchr.ch/tbs/doc.nsf/(symbol)/CESCR+General+Comment+7.En?OpenDocument 890 Report of Habitat: United Nations Conference on Human Settlements, Vancouver, 31 May - 11 June 1976 (A/CONF.70/15), chap. II, recommendation B.8, para. C (ii).

891 Report of the Commission on Human Settlements on the work of its eleventh session, Addendum (A/43/8/Add.1), para. 13.

892 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, Vol. I (A/CONF.151/26/Rev.1(vol.I), annex II, Agenda 21, chap. 7.9 (b).

893 Report of the United Nations Conference on Settlements (Habitat II) (A/CONF.165/14), annex II, The Habitat Agenda, para. 40 (n).

894 Commission on Human Rights resolution 1993/77, para. 1.

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defects. The term "forced evictions" as used throughout this general comment is defined as the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection. The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights.

4. The practice of forced evictions is widespread and affects persons in both developed and developing countries. Owing to the interrelationship and interdependency which exist among all human rights, forced evictions frequently violate other human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of forced evictions may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non-interference with privacy, family and home and the right to the peaceful enjoyment of possessions.

5. Although the practice of forced evictions might appear to occur primarily in heavily populated urban areas, it also takes place in connection with forced population transfers, internal displacement, forced relocations in the context of armed conflict, mass exoduses and refugee movements. In all of these contexts, the right to adequate housing and not to be subjected to forced eviction may be violated through a wide range of acts or omissions attributable to States parties. Even in situations where it may be necessary to impose limitations on such a right, full compliance with article 4 of the Covenant is required so that any limitations imposed must be "determined by law only insofar as this may be compatible with the nature of these [i.e. economic, social and cultural] rights and solely for the purpose of promoting the general welfare in a democratic society".

6. Many instances of forced eviction are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence.

7. Other instances of forced eviction occur in the name of development. Evictions may be carried out in connection with conflict over land rights, development and infrastructure projects, such as the construction of dams or other large-scale energy projects, with land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes, unbridled speculation in land, or the holding of major sporting events like the Olympic Games.

8. In essence, the obligations of States parties to the Covenant in relation to forced evictions are based on article 11.1, read in conjunction with other relevant provisions. In particular, article 2.1 obliges States to use "all appropriate means" to promote the right to adequate housing. However, in view of the nature of the practice of forced evictions, the reference in article 2.1 to progressive achievement based on the availability of resources will rarely be relevant. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions (as defined in paragraph 3 above). Moreover, this approach is reinforced by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against "arbitrary or unlawful interference" with one's home. It is to be noted that the State's obligation to ensure respect for that right is not qualified by considerations relating to its available resources.

9. Article 2.1 of the Covenant requires States parties to use "all appropriate means", including the adoption of legislative measures, to promote all the rights protected under the Covenant.

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Although the Committee has indicated in its General Comment No. 3 (1990) that such measures may not be indispensable in relation to all rights, it is clear that legislation against forced evictions is an essential basis upon which to build a system of effective protection. Such legislation should include measures which (a) provide the greatest possible security of tenure to occupiers of houses and land, (b) conform to the Covenant and (c) are designed to control strictly the circumstances under which evictions may be carried out. The legislation must also apply to all agents acting under the authority of the State or who are accountable to it.

Moreover, in view of the increasing trend in some States towards the Government greatly reducing its responsibilities in the housing sector, States parties must ensure that legislative and other measures are adequate to prevent and, if appropriate, punish forced evictions carried out, without appropriate safeguards, by private persons or bodies. States parties should therefore review relevant legislation and policies to ensure that they are compatible with the obligations arising from the right to adequate housing and repeal or amend any legislation or policies that are inconsistent with the requirements of the Covenant.

10. Women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable individuals and groups all suffer disproportionately from the practice of forced eviction. Women in all groups are especially vulnerable given the extent of statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation, and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The non-discrimination provisions of articles 2.2 and 3 of the Covenant impose an additional obligation upon Governments to ensure that, where evictions do occur, appropriate measures are taken to ensure that no form of discrimination is involved.

11. Whereas some evictions may be justifiable, such as in the case of persistent non-payment of rent or of damage to rented property without any reasonable cause, it is incumbent upon the relevant authorities to ensure that they are carried out in a manner warranted by a law which is compatible with the Covenant and that all the legal recourses and remedies are available to those affected.

12. Forced eviction and house demolition as a punitive measure are also inconsistent with the norms of the Covenant. Likewise, the Committee takes note of the obligations enshrined in the Geneva Conventions of 1949 and Protocols thereto of 1977 concerning prohibitions on the displacement of the civilian population and the destruction of private property as these relate to the practice of forced eviction.

13. States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force. Legal remedies or procedures should be provided to those who are affected by eviction orders.

States parties shall also see to it that all the individuals concerned have a right to adequate compensation for any property, both personal and real, which is affected. In this respect, it is pertinent to recall article 2.3 of the International Covenant on Civil and Political Rights, which requires States parties to ensure "an effective remedy" for persons whose rights have been violated and the obligation upon the "competent authorities (to) enforce such remedies when granted".

14. In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall General Comment 16 of the Human Rights Committee, relating to article 17 181

of the International Covenant on Civil and Political Rights, which states that interference with a person's home can only take place "in cases envisaged by the law". The Committee observed that the law "should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances". The Committee also indicated that "relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted".

15. Appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognized in both the International Covenants on Human Rights. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) 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; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.

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".895 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 dambuilding 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).

895

E/1990/23, annex III, paras. 6 and 8 (d).

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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".896 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".897 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 ensure that the necessary data is collected and is reflected in the reports submitted by them under the Covenant.

896 897

E/C.12/1999/8, annex IV. Ibid.

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BASIC PRINCIPLES AND GUIDELINES ON DEVELOPMENT-BASED EVICTIONS AND DISPLACEMENT898 I. SCOPE AND NATURE 1. The obligation of States to refrain from, and protect against, forced evictions from home(s) and land arises from several international legal instruments that protect the human right to adequate housing and other related human rights. These include the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights (art. 11, para. 1), the Convention on the Rights of the Child (art. 27, para. 3), the non-discrimination provisions found in article 14, paragraph 2 (h), of the Convention on the Elimination of All Forms of Discrimination against Women, and article 5 (e) of the International Convention on the Elimination of All Forms of Racial Discrimination.

2. In addition, and consistent with the indivisibility of a human rights approach, article 17 of the International Covenant on Civil and Political Rights states that “(n)o one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence”, and further that “(e)veryone has the right to the protection of the law against such interference or attacks”.

Article 16, paragraph 1, of the Convention on the Rights of the Child contains a similar provision. Other references in international law include article 21 of the 1951 International Convention regarding the Status of Refugees; article 16 of International Labour Organization (ILO) Convention No. 169 concerning indigenous and tribal peoples in independent countries (1989); and article 49 of the Fourth Geneva Convention relative to the protection of civilian persons in time of war of 12 August 1949.

3. The present guidelines address the human rights implications of development-linked evictions and related displacement in urban and/or rural areas. These guidelines represent a further development of the United Nations Comprehensive Human Rights Guidelines on Development-based Displacement (E/CN.4/Sub.2/1997/7, annex). They are based on international human rights law, and are consistent with general comment No. 4 (1991) and general comment No. 7 (1997) of the Committee on Economic, Social and Cultural Rights, the Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2), the Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted by the General Assembly in its resolution 60/147, and the Principles on Housing and Property Restitution for Refugees and Displaced Persons (E/CN.4/Sub.2/2005/17).

4. Having due regard for all relevant definitions of the practice of “forced evictions” in the context of international human rights standards, the present guidelines apply to acts and/or omissions involving the coerced or involuntary displacement of individuals, groups and communities from homes and/or lands and common property resources that were occupied or depended upon, thus eliminating or limiting the ability of an individual, group or community to reside or work in a particular dwelling, residence or location, without the provision of, and access to, appropriate forms of legal or other protection.899 5. Forced evictions constitute a distinct phenomenon under international law, and are often linked to the absence of legally secure tenure, which constitutes an essential element of the right to adequate housing. Forced evictions share many consequences similar to those resulting

898

Appendix to Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, Miloon Kothari, UN Doc. E/CN.4/2006/41 (March 2006) 899 The prohibition of forced evictions does not apply to evictions carried out both in accordance with the law and in conformity with the provisions of international human rights treaties.

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from arbitrary displacement900, including population transfer, mass expulsions, mass exodus, ethnic cleansing and other practices involving the coerced and involuntary displacement of people from their homes, lands and communities.

6. Forced evictions constitute gross violations of a range of internationally recognized human rights, including the human rights to adequate housing, food, water, health, education, work, security of the person, security of the home, freedom from cruel, inhuman and degrading treatment, and freedom of movement. Evictions must be carried out lawfully, only in exceptional circumstances, and in full accordance with relevant provisions of international human rights and humanitarian law.

7. Forced evictions intensify inequality, social conflict, segregation and “ghettoization”, and invariably affect the poorest, most socially and economically vulnerable and marginalized sectors of society, especially women, children, minorities and indigenous peoples.

8. In the context of the present guidelines, development-based evictions include evictions often planned or conducted under the pretext of serving the “public good”, such as those linked to development and infrastructure projects (including, for example, the construction of large dams, large-scale industrial or energy projects, or mining and other extractive industries); land-acquisition measures associated with urban renewal, slum-upgrades, housing renovation, city beautification, or other land-use programmes (including for agricultural purposes); property, real estate and land disputes; unbridled land speculation; major international business or sporting events; and ostensibly environmental purposes. Such activities also include those supported by international development assistance.

9. Displacement resulting from environmental destruction or degradation, and evictions or evacuations resulting from public disturbances, natural or human-induced disasters, tension or unrest, internal, international or mixed conflict (having domestic and international dimensions) and public emergencies, domestic violence, and certain cultural and traditional practices, often take place without regard for existing human rights and humanitarian standards, including the right to adequate housing. Such situations may, however, involve an additional set of considerations that the present guidelines do not explicitly address, though they can also provide useful guidance in those contexts. Attention is drawn to the Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, the Guiding Principles on Internal Displacement, and the Principles on Housing and Property Restitution for Refugees and Displaced Persons.

10. While recognizing the wide range of contexts in which forced evictions take place, the present guidelines focus on providing guidance to States on measures and procedures to be adopted in order to ensure that development-based evictions are not undertaken in contravention of existing international human rights standards and do not thus constitute “forced evictions”. These guidelines aim at providing a practical tool to assist States and agencies in developing policies, legislation, procedures and preventive measures to ensure that forced evictions do not take place, and to provide effective remedies to those whose human rights have been violated, should prevention fail.

II. GENERAL OBLIGATIONS A. Duty-bearers and nature of obligations 11. While a variety of distinct actors may carry out, sanction, demand, propose, initiate, condone or acquiesce to forced evictions, States bear the principal obligation for applying human rights and humanitarian norms, in order to ensure respect for the rights enshrined in 900

Consistent with Principle 6 of the Guiding Principles on Internal Displacement.

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binding treaties and general principles of international public law, as reflected in the present guidelines. This does not, however, absolve other parties, including project managers and personnel, international financial and other institutions or organizations, transnational and other corporations, and individual parties, including private landlords and landowners, of all responsibility.

12. Under international law, the obligations of States include the respect, protection and fulfilment of all human rights and fundamental freedoms. This means that States shall: refrain from violating human rights domestically and extraterritorially; ensure that other parties within the Stateâ&#x20AC;&#x2122;s jurisdiction and effective control do not violate the human rights of others; and take preventive and remedial steps to uphold human rights and provide assistance to those whose rights have been violated. These obligations are continuous and simultaneous, and are not suggestive of a hierarchy of measures.

B. Basic human rights principles 13. According to international human rights law, everyone has the right to adequate housing as a component of the right to an adequate standard of living. The right to adequate housing includes, inter alia, the right to protection against arbitrary or unlawful interference with privacy, family, home and to legal security of tenure.

14. According to international law, States must ensure that protection against forced evictions, and of the human right to adequate housing and secure tenure, are guaranteed without discrimination of any kind on the basis of race, colour, sex, language, religion or belief, political or other opinion, national, ethnic or social origin, legal or social status, age, disability, property, birth or other status.

15. States must ensure the equal right of women and men to protection from forced evictions and the equal enjoyment of the human right to adequate housing and security of tenure, as reflected in the present guidelines.

16. All persons, groups and communities have the right to resettlement, which includes the right to alternative land of better or equal quality and housing that must satisfy the following criteria for adequacy: accessibility, affordability, habitability, security of tenure, cultural adequacy, suitability of location, and access to essential services such as health and education.901 17. States must ensure that adequate and effective legal or other appropriate remedies are available to any person claiming that his/her right to protection against forced evictions has been violated or is under threat of violation.

18. States must refrain from introducing any deliberately retrogressive measures with respect to de jure or de facto protection against forced evictions.

19. States must recognize that the prohibition of forced evictions includes arbitrary displacement that results in altering the ethnic, religious or racial composition of the affected population.

20. States also must formulate and conduct their international policies and activities in compliance with their human rights obligations, including through both the pursuit and provision of international development assistance.

C. Implementation of State obligations 21. States shall ensure that evictions only occur in exceptional circumstances. Evictions

901

See general comment No. 4 on the right to adequate housing, adopted by the Committee on Economic, Social and Cultural Rights in 1991.

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require full justification given their adverse impact on a wide range of internationally recognized human rights. Any eviction must be (a) authorized by law; (b) carried out in accordance with international human rights law; (c) undertaken solely for the purpose of promoting the general welfare;902 (d) reasonable and proportional; (e) regulated so as to ensure full and fair compensation and rehabilitation; and (f) carried out in accordance with the present guidelines. The protection provided by these procedural requirements applies to all vulnerable persons and affected groups, irrespective of whether they hold title to home and property under domestic law.

22. States must adopt legislative and policy measures prohibiting the execution of evictions that are not in conformity with their international human rights obligations. States should refrain, to the maximum extent possible, from claiming or confiscating housing or land, and in particular when such action does not contribute materially to the enjoyment of human rights.

For instance, an eviction may be considered justified if measures of land reform or redistribution, especially for the benefit of vulnerable or deprived persons, groups or communities, are involved. States should apply appropriate civil or criminal penalties against any public or private person or entity within its jurisdiction that carries out evictions in a manner not fully consistent with applicable law and international human rights standards.

States must ensure that adequate and effective legal or other appropriate remedies are available to all those who undergo, remain vulnerable to, or defend against forced evictions.

23. States shall take steps, to the maximum of their available resources, to ensure the equal enjoyment of the right to adequate housing by all. The obligation of States to adopt appropriate legislative and policy measures to ensure the protection of individuals, groups and communities from evictions that are not in conformity with existing international human rights standards, is immediate.903 24. In order to ensure that no form of discrimination, statutory or otherwise, adversely affects the enjoyment of the human right to adequate housing, States should carry out comprehensive reviews of relevant national legislation and policy with a view to ensuring their conformity with international human rights provisions. Such comprehensive review should also ensure that existing legislation, regulation and policy address the privatization of public services, inheritance, and cultural practices, so as not to lead to, or facilitate forced evictions.904 25. In order to secure a maximum degree of effective legal protection against the practice of forced evictions for all persons under their jurisdiction, States should take immediate measures aimed at conferring legal security of tenure upon those persons, households and communities currently lacking such protection, including all those who do not have formal titles to home and land.

26. States must ensure the equal enjoyment of the right to adequate housing by women and men. This requires States to adopt and implement special measures to protect women from forced evictions. Such measures should ensure that titles to housing and land are conferred to all women.

27. States should ensure the integration of binding human rights standards in their international relations, including through trade and investment, development assistance and participation in multilateral forums and organizations. States should implement their human 902

In the present guidelines, the promotion of the general welfare refers to steps taken by States consistent with their international human rights obligations, in particular the need to ensure the human rights of the most vulnerable.

903 See general comment No. 3 on the nature of States partiesâ&#x20AC;&#x2122; obligations, adopted in 1990 by the Committee on Economic, Social and Cultural Rights.

904 See Guidelines on Housing and Discrimination contained in the 2002 report of the Commission on Human Rights Special Rapporteur on adequate housing as a component of the right to an adequate standard of living (E/CN.4/2002/59).

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rights obligations with regard to international cooperation905, whether as donors or as beneficiaries. States should ensure that international organizations in which they are represented refrain from sponsoring or implementing any project, programme or policy that may involve forced evictions, that is, evictions not in full conformity with international law, and as specified in the present guidelines.

D. Preventive strategies, policies and programmes 28. States should adopt, to the maximum of their available resources, appropriate strategies, policies and programmes to ensure effective protection of individuals, groups and communities against forced eviction and its consequences.

29. States should carry out comprehensive reviews of relevant strategies, policies and programmes, with a view to ensuring their compatibility with international human rights norms. In this regard, such reviews must strive to remove provisions that contribute to sustaining or exacerbating existing inequalities that adversely impact upon women and marginalized and vulnerable groups. Governments must take special measures to ensure that policies and programmes are not formulated or implemented in a discriminatory manner, and do not further marginalize those living in poverty, whether in urban or rural areas.

30. States should take specific preventive measures to avoid and/or eliminate underlying causes of forced evictions, such as speculation in land and real estate. States should review the operation and regulation of the housing and tenancy markets, and when necessary, intervene to ensure that market forces do not increase the vulnerability of low-income and other marginalized groups to forced eviction. In the event of an increase in the price of housing or land, States should also ensure sufficient protection against physical or economic pressures on residents to leave or be deprived of adequate housing or land.

31. Priority in housing and land allocation should be ensured to disadvantaged groups such as the elderly, children and persons with disabilities.

32. States must give priority to exploring strategies that minimize displacement.

Comprehensive and holistic impact assessments should be carried out prior to the initiation of any project that could result in development-based eviction and displacement, with a view to securing fully the human rights of all potentially affected persons, groups and communities, including their protection against forced evictions. “Eviction-impact” assessment should also include exploration of alternatives and strategies for minimizing harm.

33. Impact assessments must take into account the differential impacts of forced evictions on women, children, the elderly and marginalized sectors of society. All such assessments should be based on the collection of disaggregated data, such that all differential impacts can be appropriately identified and addressed.

34. Adequate training in applying international human rights norms should be required and provided for relevant professionals, including lawyers, law enforcement officials, urban and regional planners and other personnel involved in the design, management and implementation of development projects. This must include training on women’s rights, with an emphasis on women’s particular concerns and requirements pertaining to housing and land.

35. States should ensure the dissemination of adequate information on human rights and laws and policies relating to protection against forced evictions. Specific attention should be given to the dissemination of timely and appropriate information to groups particularly vulnerable to evictions, through culturally appropriate channels and methods.

905

As set forth in article 22, Universal Declaration of Human Rights; Articles 55 and 56 of the Charter of the United Nations; articles 2, paragraph 1, 11, 15, 22, 23, International Covenant on Economic, Social and Cultural Rights, articles 23, paragraph 4, and 28, paragraph 3, Convention on the Rights of the Child.

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36. States must ensure that individuals, groups and communities are protected from eviction during the period that their particular case is being examined before a national, regional or international legal body.

III. PRIOR TO EVICTIONS 37. Urban or rural planning and development processes should involve all those likely to be affected and should include the following elements: (a) appropriate notice to all potentially affected persons that eviction is being considered and that there will be public hearings on the proposed plans and alternatives; (b) effective dissemination by the authorities of relevant information in advance, including land records and proposed comprehensive resettlement plans specifically addressing efforts to protect vulnerable groups; (c) a reasonable time period for public review of, comment on, and/or objection to the proposed plan; (d) opportunities and efforts to facilitate the provision of legal, technical and other advice to affected persons about their rights and options; and (e) holding of public hearing(s) that provide affected persons and their advocates with opportunities to challenge the eviction decision and/or to present alternative proposals and to articulate their demands and development priorities.

38. States should explore fully all possible alternatives to evictions. All potentially affected groups and persons, including women, indigenous peoples and persons with disabilities, as well as others working on behalf of the affected, have the right to relevant information, full consultation and participation throughout the entire process, and to propose alternatives that authorities should duly consider. In the event that agreement cannot be reached on a proposed alternative among concerned parties, an independent body having constitutional authority, such as a court of law, tribunal or ombudsperson should mediate, arbitrate or adjudicate as appropriate.

39. During planning processes, opportunities for dialogue and consultation must be extended effectively to the full spectrum of affected persons, including women and vulnerable and marginalized groups, and when necessary, through the adoption of special measures or procedures.

40. Prior to any decision to initiate an eviction, authorities must demonstrate that the eviction is unavoidable and consistent with international human rights commitments protective of the general welfare.

41. Any decision relating to evictions should be announced in writing in the local language to all individuals concerned, sufficiently in advance. The eviction notice should contain a detailed justification for the decision, including on: (a) absence of reasonable alternatives; (b) the full details of the proposed alternative; and (c) where no alternatives exist, all measures taken and foreseen to minimize the adverse effects of evictions. All final decisions should be subject to administrative and judicial review. Affected parties must also be guaranteed timely access to legal counsel, without payment if necessary.

42. Due eviction notice should allow and enable those subject to eviction to take an inventory in order to assess the values of their properties, investments and other material goods that may be damaged. Those subject to eviction should also be given the opportunity to assess and document non-monetary losses to be compensated.

43. Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. The State must make provision for the adoption of all appropriate measures, to the maximum of its available resources, especially for those who are unable to provide for themselves, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available and provided. Alternative housing should be situated as close as possible to the original place of residence and source of livelihood of those evicted.

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44. All resettlement measures, such as construction of homes, provision of water, electricity, sanitation, schools, access roads and allocation of land and sites must be consistent with the present guidelines and internationally recognized human rights principles, and completed before those who are to be evicted are moved from their original areas of dwelling.906 IV. DURING EVICTIONS 45. The procedural requirements for ensuring respect for human rights standards include the mandatory presence of governmental officials or their representatives on site during evictions.

The governmental officials, their representatives and persons implementing the eviction must identify themselves to the persons being evicted and present formal authorization for the eviction action.

46. Neutral observers, including regional and international observers, should be allowed access upon request, to ensure transparency and compliance with international human rights principles during the carrying out of any eviction.

47. Evictions shall not be carried out in a manner that violates the dignity and human rights to life and security of those affected. States must also take steps to ensure that women are not subject to gender-based violence and discrimination in the course of evictions, and that the human rights of children are protected.

48. Any legal use of force must respect the principles of necessity and proportionality, as well as the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and any national or local code of conduct consistent with international law-enforcement and human rights standards.

49. Evictions must not take place in inclement weather, at night, during festivals or religious holidays, prior to elections or during or just prior to school examinations.

50. States and their agents must take steps to ensure that no one is subject to direct or indiscriminate attacks or other acts of violence, especially against women and children, or arbitrarily deprived of property or possessions as a result of demolition, arson and other forms of deliberate destruction, negligence or any form of collective punishment. Property and possessions left behind involuntarily should be protected against destruction, arbitrary and illegal appropriation, occupation or use.

51. Authorities and their agents should never require or force those evicted to demolish their own dwellings or other structures. The option to do so must be provided to affected persons, however, as this would facilitate salvaging of possessions and building material.

V. AFTER AN EVICTION: IMMEDIATE RELIEF AND RELOCATION 52. The Government and any other parties responsible for providing just compensation and sufficient alternative accommodation, or restitution when feasible, must do so immediately upon the eviction, except in cases of force majeure. At a minimum, regardless of the circumstances and without discrimination, competent authorities shall ensure that evicted persons or groups, especially those who are unable to provide for themselves, have safe and secure access to: (a) essential food, potable drinking water and sanitation; (b) basic shelter and housing; (c) appropriate clothing; (d) essential medical services; (e) livelihood sources; (f) fodder for livestock and access to common property resources previously depended upon; and (g) education for children and childcare facilities. States should also ensure that members of the same extended family or community are not separated as a result of evictions.

53. Special efforts should be made to ensure equal participation of women in all planning processes and in the distribution of basic services and supplies.

906

See section V of the present guidelines.

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54. In order to ensure the protection of the human right to the highest attainable standard of physical and mental health, all evicted persons who are wounded and sick, as well as those with disabilities, should receive the medical care and attention they require to the fullest extent practicable and with the least possible delay, without distinction on any non-medically relevant grounds. When necessary, evicted persons should have access to psychological and social services. Special attention should be paid to: (a) the health needs of women and children, including access to female health-care providers where necessary, and to services such as reproductive health care and appropriate counselling for victims of sexual and other abuses; (b) ensuring that ongoing medical treatment is not disrupted as a result of eviction or relocation; and (c) the prevention of contagious and infectious diseases, including HIV/AIDS, at relocation sites.

55. Identified relocation sites must fulfil the criteria for adequate housing according to international human rights law. These include:907 (a) security of tenure; (b) services, materials, facilities and infrastructure such as potable drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services, and to natural and common resources, where appropriate; (c) affordable housing; (d) habitable housing providing inhabitants with adequate space, protecting them from cold, damp, heat, rain, wind or other threats to health, structural hazards, and disease vectors, and ensuring physical safety of occupants; (e) accessibility for disadvantaged groups; (f) access to employment options, health-care services, schools, childcare centres and other social facilities, whether in urban or rural areas and (g) culturally appropriate housing. In order to ensure security of the home, adequate housing should also include the following essential elements: privacy and security; participation in decision-making; freedom from violence, and access to remedies for any violations suffered.

56. In determining the compatibility of resettlement with the present guidelines, States should ensure that in the context of any case of resettlement the following criteria are adhered to: (a) No resettlement shall take place until such a time that a comprehensive resettlement policy consistent with the present guidelines and internationally recognized human rights principles is in place; (b) Resettlement must ensure that the human rights of women, children, indigenous peoples and other vulnerable groups are equally protected, including their right to property ownership and access to resources; (c) The actor proposing and/or carrying out the resettlement shall be required by law to pay for any associated costs, including all resettlement costs; (d) No affected persons, groups or communities, shall suffer detriment as far as their human rights are concerned nor shall their right to the continuous improvement of living conditions be subject to infringement. This applies equally to host communities at resettlement sites, and affected persons, groups and communities subjected to forced eviction; (e) Affected persons, groups and communitiesâ&#x20AC;&#x2122; right to full and prior informed consent regarding relocation must be guaranteed. The State shall provide all necessary amenities, services and economic opportunities at the proposed site; (f) The time and financial cost required for travel to and from the place of work or to access essential services should not place excessive demands upon the budgets of low-income households; (g) Relocation sites must not be situated on polluted land or in immediate proximity to pollution sources that threaten the right to the highest attainable standards of mental and physical health of the inhabitants; (h) Sufficient information shall be provided to the affected persons, groups and communities on all State projects and planning and implementation processes relating to the concerned resettlement, including information on the purported use of the eviction dwelling or site and its proposed beneficiaries. Particular attention must be paid to ensuring that indigenous peoples, minorities, the landless, women and children are represented and included in this

907

See general comment No. 4 on adequate housing adopted by the Committee on Economic, Social and Cultural Rights in 1991

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process; (i) The entire resettlement process should be carried out in full consultation and participation with the affected persons, groups and communities. States should, in particular, take into account all alternate plans proposed by the affected persons, groups and communities; (j) If, after a full and fair public hearing, it is found that there still exists a need to proceed with the resettlement, then the affected persons, groups and communities shall be given at least 90 days notice prior to the date of the resettlement; and (k) Local government officials and neutral observers, properly identified, shall be present during the resettlement so as to ensure that no force, violence or intimidation is involved.

56. Rehabilitation policies must include programmes designed for women and marginalized and vulnerable groups to ensure their equal enjoyment of the human rights to housing, food, water, health, education, work, security of the person, security of the home, freedom from cruel, inhuman or degrading treatment, and freedom of movement.

57. Persons, groups or communities affected by an eviction should not suffer detriment to their human rights, including their right to the progressive realization of the right to adequate housing. This applies equally to host communities at relocation sites.

VI. REMEDIES FOR FORCED EVICTIONS 58. All persons threatened with or subject to forced evictions have the right of access to timely remedy. Appropriate remedies include a fair hearing, access to legal counsel, legal aid, return, restitution, resettlement, rehabilitation and compensation, and should comply, as applicable, with the Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. A. Compensation 59. When eviction is unavoidable, and necessary for the promotion of the general welfare, the State must provide or ensure fair and just compensation for any losses of personal, real or other property or goods, including rights or interests in property. Compensation should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case, such as: loss of life or limb; physical or mental harm; lost opportunities, including employment, education and social benefits; material damages and loss of earnings, including loss of earning potential; moral damage; and costs required for legal or expert assistance, medicine and medical services, and psychological and social services. Cash compensation should under no circumstances replace real compensation in the form of land and common property resources.908 j Where land has been taken, the evicted should be compensated with land commensurate in quality, size and value, or better.

60. All those evicted, irrespective of whether they hold title to their property, should be entitled to compensation for the loss, salvage and transport of their properties affected, including the original dwelling and land lost or damaged in the process. Consideration of the circumstances of each case shall allow for the provision of compensation for losses related to informal property, such as slum-dwellings.

61. Women and men must be co-beneficiaries of all compensation packages. Single women and widows should be entitled to their own compensation.

62. To the extent not covered by assistance for relocation, the assessment of economic damage should take into consideration losses and costs, for example, of land plots and house structures; contents; infrastructure; mortgage or other debt penalties; interim housing;

908

See Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.

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bureaucratic and legal fees; alternative housing; lost wages and incomes; lost educational opportunities; health and medical care; resettlement and transportation costs (especially in the case of relocation far from the source of livelihood). Where the home and land also provide a source of livelihood for the evicted inhabitants, impact and loss assessment must account for the value of business losses, equipment/inventory, livestock, land, trees/crops, and lost/decreased wages/income.

B. Restitution and return 63. The circumstances of forced evictions linked to development and infrastructure projects (including those mentioned in paragraph 8 above) seldom allow for restitution and return.

Nevertheless, when circumstances allow, States should prioritize these rights of all persons, groups and communities subjected to forced evictions. Persons, groups and communities shall not, however, be forced against their will to return to their homes, lands or places of origin.

64. When return is possible or adequate resettlement in conformity with these guidelines is not provided, the competent authorities should establish conditions and provide the means, including financial, for voluntary return in safety and security, and with dignity to homes or places of habitual residence. Responsible authorities should facilitate the reintegration of returned persons and exert efforts to ensure the full participation of affected persons, groups and communities in the planning and management of return processes. Special measures may be required to ensure womenâ&#x20AC;&#x2122;s equal and effective participation in return or restitution processes in order to overcome existing household, community, institutional, administrative, legal or other gender biases that contribute to marginalization or exclusion of women.

65. Competent authorities have the duty and responsibility to assist returning persons, groups or communities to recover, to the maximum extent possible, the property and possessions that they left behind or were dispossessed of upon their eviction.

66. When return to oneâ&#x20AC;&#x2122;s place of residence and recovery of property and possessions is not possible, competent authorities must provide victims of forced evictions, or assist them in obtaining, appropriate compensation or other forms of just reparation.

C. Resettlement and rehabilitation 67. While all parties must give priority to the right of return, certain circumstances (including for the promotion of general welfare, or where the safety, health or enjoyment of human rights so demands) may necessitate the resettlement of particular persons, groups and communities due to development-based forced evictions. Such resettlement must occur in a just and equitable manner and in full accordance with international human rights law as elaborated in section V of these guidelines.

VII. MONITORING, EVALUATION AND FOLLOW-UP 68. States should actively monitor and carry out quantitative and qualitative evaluations to determine the number, type and long-term consequences of evictions, including forced evictions that occur within their jurisdiction and territory of effective control. Monitoring reports and findings should be made available to the public and concerned international parties in order to promote the development of best practices and problem-solving experiences based on lessons learned.

69. States should entrust an independent national body, such as a national human rights institution, to monitor and investigate forced evictions and State compliance with these guidelines and international human rights law.

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VIII. ROLE OF THE INTERNATIONAL COMMUNITY, INCLUDING INTERNATIONAL ORGANIZATIONS 70. The international community bears an obligation to promote, protect and fulfil the human right to housing, land and property. International financial, trade, development and other related institutions and agencies, including member or donor States that have voting rights withi n such bodies, should take fully into account the prohibition on forced evictions under international human rights law and related standards.

71. International organizations should establish or accede to complaint mechanisms for cases of forced evictions that result from their own practices and policies. Legal remedies should be provided to victims in accordance with those stipulated in these guidelines.

72. Transnational corporations and other business enterprises must respect the human right to adequate housing, including the prohibition on forced evictions within their respective spheres of activity and influence.

IX. INTERPRETATION 73. These guidelines on development-based evictions and displacement shall not be interpreted as limiting, altering or otherwise prejudicing the rights recognized under international human rights, refugee, criminal or humanitarian law and related standards, or rights consistent with these laws and standards as recognized under any national law.

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