The Right to Adequate Housing

What does ‘adequate resettlement' mean?

Principles for adequate resettlement can be found in a number of documents. One of them is the UN Comprehensive Human Rights Guidelines on Development-Based Displacement, which is relevant because development projects often lead to evictions.

These guidelines state that resettlement must occur in a just and equitable manner and in full accordance with law of general application. All persons, groups and communities have the right to alternative land or housing that is safe, secure, accessible, affordable and habitable. In the event of resettlement, certain criteria should be adhered to:

• A full resettlement policy must first be developed before any resettlement can take place.
• The policy must be consistent with the Guidelines and internationally recognized human rights.
• Whoever proposes carrying out the resettlement shall be required by law to pay for any costs associated therewith, including all resettlement costs.
• 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 condition be subject to infringement. This applies equally to host communities at resettlement sites, and affected persons, groups and communities subjected to forced eviction.
• That affected persons, groups and communities provide their full and informed consent as regards the relocation site. The State shall provide all necessary amenities and services and economic opportunities.
• Sufficient information shall be provided to affected persons, groups and communities including information on the use the eviction dwelling or site is to be put to and the persons, groups or communities who will benefit from the evicted site. Particular attention must be given to ensure that indigenous peoples, ethnic minorities, the landless, women and children are represented and included in this process.
• The entire resettlement process should be carried out in full consultation and participation with the affected persons, groups and communities. In particular, States should take into account all alternative plans proposed by the affected persons, groups and communities.
• Local government officials and neutral observers, properly identified, shall be present during the resettlement to as to ensure that no force, violence or intimidation is involved.

This information was adapted from a publication of the Centre on Housing Rights and Evictions.

Back to Stop Eviction page