SPECIAL RAPPORTEUR ON ADEQUATE HOUSING EXPRESSES CONCERN OVER FORCED EVICTIONS IN KABUL

10 September 2003

The following statement was issued on 6 September in Kabul, Afghanistan, by Miloon Kothari, the Special Rapporteur on adequate housing of the United Nations Commission on Human Rights:
“As the Special Rapporteur on adequate housing appointed by the United Nations Commission on Human Rights, currently on mission in Afghanistan at the invitation of the Government, I am deeply concerned about forced evictions taking place in Shirpur village, near Wazir Akbar Khan, Kabul.
According to the Afghanistan Independent Human Rights Commission and the Monitoring and Investigative Unit of UNAMA, in the morning of 3 September 2003 a hundred armed police officers, allegedly led by the Kabul Chief of Police, accompanied by bulldozers and trucks, destroyed the homes of 30 families, amounting to 250 people, including women and children. The destruction of the houses was made without immediate warning and without enabling the residents to rescue their belongings. A number of residents, primarily women and children, were inside their houses when the destruction started, resulting in injuries. When people attempted to halt the evictions the police used excessive force, resulting in more injuries. I myself visited the area, spoke to the residents and witnessed the destruction and injuries inflicted. I have also been informed that 260 additional families in the area are at risk of being evicted in the near future.
According to information received, the land concerned is the property of the Ministry of the Defense, and is foreseen for houses for high-ranking dignitaries within the Government. However, the poor residents of Shirpur village have lived in their houses for many years, some families for 25-30 years, most of them being employees or former employees of the Ministry of Defense. My understanding from meeting with various ministers during my visit is that the transitional Government of Afghanistan has prioritized realizing the rights of the vulnerable sections of the Afghan population. This is incongruent with the case of Shirpur village and elsewhere in Kabul where it appears that the priority for allocating houses and lands is for the rich and well-connected, in particular the officials of the security establishment.
During my visit in Afghanistan, one of my preliminary findings is the lack of clarity of the legal system and the incapacity of the judiciary to effectively deal with housing rights, including land and property disputes. The Shirpur-case and other similar cases confirm these findings. It is my firm recommendation that until such time the Government has adopted a clear all comprehensive National Housing and Land Policy and established an effective judicial system to address disputes in this regard, a moratorium on all evictions should be made. Such a National Housing and Land Policy should take into particular consideration the needs and rights of women and vulnerable groups, including returnees, internally displaced persons, the poor, persons with disabilities and minorities.
Furthermore, notwithstanding the legal considerations as to property rights or notice to vacate that may have been given in this case, the way in which the forced eviction of the 30 families in Shirpur village took place, including excessive use of force, amounts to serious human rights violations of the international human rights instruments that Afghanistan has ratified. If evictions are to take place, they should be in full conformity with the law, including with human rights law. The residents should be fully consulted, granted full compensation and be provided their right to adequate housing in an alternative place, including ensuring that their livelihood will not be threatened.
It is my firm belief that at a time when Afghanistan is in the process of rebuilding after decades of conflict, the governmental authorities should not be involved in any processes that lead to further dispossession of the vast majority of the people of Afghanistan who are already in vulnerable situations.”