A/HRC/39/CRP.2 2. Forced evictions (a) Legal framework 425. Forced eviction is a serious violation of human rights. It is 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”.964 Forced evictions often directly or indirectly affect various human rights, including the right to life; freedom from cruel, inhuman and degrading treatment; the right to security of the person; the right to an adequate standard of living, including the right to adequate housing, food, water and sanitation; the right to noninterference with privacy, home and family; the right to work; the right to property and the peaceful enjoyment of possessions (including the right not to be arbitrarily deprived of property); and the right to an effective remedy. Such violations are often the consequence of the way evictions are decided (for example, without consultation, information, or recourse), planned (for example, without notification, relocation, or adequate compensation), carried out (for example, at night or in bad weather, under threats, violence or force), or of their result (for example, loss of livelihood, property papers or documentation). Minorities are particularly vulnerable to forced evictions, because of discrimination or because they constitute a socially excluded, destitute or marginalised part of society. 965 426. Not all evictions are prohibited. Evictions based on arguments of public or national interest may be justifiable. However, to be justifiable under international law, they must be carried out only in the most exceptional circumstances and after all feasible alternatives have been explored in consultation with the affected community, and after due process protections are afforded.966 Evictions may not be carried out in a discriminatory manner. Due process protections include genuine consultation, adequate and reasonable notice, as well as legal remedies. Importantly, adequate compensation needs to be provided in advance 967 and all necessary measures should be taken to minimise the impact. 427. Protection against forced eviction is not linked to property rights. Everyone has the right to be protected against forced evictions, regardless of the type of tenure (for example, ownership, rental, informal settlement). Security of tenure is the cornerstone of the right to adequate housing, which also applies to occupiers without documentation. 968 428. Under the Constitution of Myanmar, the Union is the “ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere” (section 37). The 1894 Land Acquisition Act provides the framework for land acquisition for public purposes. The Government can compulsorily acquire land for “public purposes” or for a company when notice is given and compensation is at market value. 969 Legal reform in 2012 introduced a system similar to a private property regime. The Farmland Law970 regulates paddy land, and the Vacant, Fallow and Virgin Lands Management Law 971 regulates a range of lands including unused plots and abandoned lands. Regardless of these developments, key issues in Myanmar are still linked to large-scale tenure insecurity and poorly kept land ownership records. 964 965 966 967 968 969 970 971 104 United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 7: The right to adequate housing (Art.11.1): forced evictions, 20 May 1997, E/1998/22. For general overview of forced evictions and human rights, see OHCHR and UN-Habitat, Forced Evictions – Fact Sheet No. 25/Rev. 1 (New York and Geneva, United Nations, 2014). United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 7: The right to adequate housing (Art.11.1): forced evictions, 20 May 1997, E/1998/22. See United Nations Commission on Human Rights resolution 1993/77. Ibid. 1984 Land Acquisition Act, arts. 4, 6, 23 and 38. Farmland Law (Pyidaungsu Hluttaw Law No. 11 of 2012). Vacant, Fallow and Virgin Lands Management Act (Pyidaungsu Hluttaw Law No.10 of 2012).