Watching as police pinch, push and shove a person who is homeless is uncomfortable. Yet as a society, when we call in police and others to clear encampments, we are effectively sanctioning pinching, pushing, shoving and potentially more violent actions against the people who live in them.
The U.N. is charged with moving towards achieving human rights at a global level. This charge was given in 1948, when U.N. General Assembly passed the Universal Declaration of Human Rights. The main foundation of the right to adequate housing lies in Articles 22 and 25 of the Declaration.
Forced evictions violate the Declaration. In 1997, the U.N. issued guidance assisting governments to prevent forced evictions. Governments are expected, to the fullest extent possible, to proceed in a way that moves toward achieving the human rights of all affected parties. A first step is discussion. What do people who are homeless say they need? How about the people who want the encampments to end?
What does “to the fullest extent possible” mean? This takes account of the current context. Current laws, systems and structures create the conditions for precarious housing, homelessness and forced evictions. The specifics vary from country to country. Figuring out how to move toward a right to adequate housing for all residents and implementing changes to get there will take time. “To the fullest extent possible” also calls on governments to redirect existing resources to give priority to the right to adequate housing.
As well, there is U.N. guidance for when there is no alternative to a forced eviction. In this context, pursuing a commitment to the right to adequate housing means that people should not become homeless and they should not lose their possessions. Fully meeting the right to adequate housing may not be possible. But the eviction should not take place unless it is possible to maintain or improve the situation of the people who are required to move.
Going the route of talking with the affected parties won’t be easy. And it won’t happen quickly. But it is an alternative to pushing and shoving people and carting their possessions off to the local landfill. Starting by talking and listening might give us the energy to build the housing and supports that we so desperately need and allow thousands of people to leave homelessness.
For more, see the United Nations web page on forced evictions.
Here are three aids to support respecting human rights in encampment situations: Fact Sheet 25: Forced Evictions, Handbook – Assessing The Impact Of Eviction and the Forced Evictions Assessment Questionnaire
