In Brazil, the number of homeless people increased from six million in 2004 to seven million in 2005. In addition, about 13 million people live in precarious houses, with no access to basic services. The number of cases of displacement and forceful removal of rural communities has grown.  The most serious case happened in the month of February, 2005, at the Western Industrial Park, Sonho Real Settlement, in the city of Goiania, which caused the death of two people and left 24 people wounded.  The removal and the destruction of housing of approximately 4 thousand families led to the formation of a favela around the sports gymnasium destined to give provisional shelter to the population that had been removed.

For a National Plan to Combat Displacements and Forced Removals and to Protect the Right to Adequate Housing

Nelson Saule Júnior*, Leticia Osorio**, Patricia de Menezes Cardoso***

 I- The Necessity of Confronting the Question of Displacement and Forced Removal

The new millennium points to a worldwide growth of people living in urban centers.  Forecasts estimate that in 2050 the rate of urbanization in the world will reach 65%.  Cities, as territories of great wealth and economic, environmental, political, and cultural diversity, should be governed in a democratic way. The rights of their inhabitants should be respected, which is a challenge for humanity in this new millennium.   

The accelerated processes of urbanization have contributed to the degradation of urban environment, and to the privatization of public spaces, causing poverty and social exclusion. 

Many grassroots organizations are working to defend the rights of the urban population to live with dignity. It is necessary to incorporate human rights clauses into urban policies, as well as to fight against social inequality, and all forms of discrimination and segregation in urban communities.

Society’s control over public policies and development projects has been an important demand. In diverse regions of the world, there have been many experiences of social struggles to modify the way in which city governments relate with community-based organizations, in order to guarantee social participation in policy-making.

In relation to the process of constructing just, humane, healthy, and democratic cities in Brazil, we underline the need of the Brazilian State to confront the problem of displacements and forced removals that have occurred in various cities.  The International Organization of Protection of the Right to Housing (COHRE) has pointed out how the problem of displacements has become grave in various regions of the world, documenting cases involving close to 4.3 million people in 63 countries who were displaced from their homes in the period between 1998 and 2000.  Frequently, these displacements are accompanied by severe violence, with victims detained, jailed, wounded, tortured, and, in some cases, even killed.  Few nations have had success in protecting low-income people that are arbitrarily displaced. 

          In Brazil, the number of homeless people increased from six million in 2004 to seven million in 2005. In addition, about 13 million people live in precarious houses, with no access to basic services.

The number of cases of displacement and forceful removals in Brazil has grown.  The most serious case happened in the month of February, 2005, at the Western Industrial Park, Sonho Real Settlement, in the city of Goiania. It caused the death of two people, and 24 left people wounded.  The removal and the destruction of housing of approximately four thousand families led to the formation of a favela around the sports gymnasium destined to give provisional shelter to the removed population.  Another situation that we emphasize is the social impact of two cases of removal which happened in the months of August and September, 2005 on properties occupied by the housing movements of the central area of the city of São Paulo, which resulted in the formation of a favela for the removed population on the streets of Plínio Ramos and Mauá.

The systematic increase of forced removals of low-income populations that live in informal housing areas across the country has been a constant preoccupation of diverse non-governmental organizations and social movements that participate in the National Forum on Urban Reform.  The removals have been undertaken by federal, state, and municipal governments, by owners and private businesses and by development policies financed by the World Bank, the Inter-American Development Bank, and by the federal government.

On March 18, 2005, the Brazilian City Councils approved Resolution No. 31, which proposes the establishment of a process of discussing these issues within the Judicial System. The National Council of Justice has the responsibility of formulating a national plan to prevent displacements. 

Several grassroots organizations presented a set of measures that we understand are necessary to prevent forced evictions. These measures are based on international human rights agreements. 

The States that ratify the International Pact on Economic, Social, and Cultural Rights (PISDESC), as is the case of Brazil, are obligated to “utilize all the appropriate means to promote and defend the right to housing and protect against forced displacements.”  This can be attained by a set of actions aiming at the revision of national legislation to make it more compatible with international human rights principles and the Federal Constitution. Making the national legislation compatible can prevent forced and violent displacements.  Some human rights principles regarding the right to housing are:

-         Forced displacements are incompatible with the Pact on Social, Economic and Cultural Rights.

-         A forced displacement is a “permanent or temporary removal of individuals, families, and/or communities, against their will, from their homes and/or lands that they occupy. 

-         Forced displacements violate other human rights, such as the right to life, the right to personal security, the right to non-interference in privacy, family, and housing, and the right to the pacific exercise of ownership.

-         Before promoting any kind of displacement, governments should assure that all viable alternatives are explored through processes of consultation with the affected persons, aiming at, at least, minimizing the negative impacts.

-         Remedies or legal processes should be provided for those affected by orders of displacements.

-         Governments should assure that all affected individuals have the right to adequate compensation for all property or ownership affected.

-         In the cases in which removals are considered justifiable, these should be implemented in strict fulfillment of the provisions of international legislation on human rights in accordance to the principals of reasonability and proportionality.

-         The removals cannot result in individuals being homeless or vulnerable to violations of other human rights, and when those affected cannot find a solution on their own, the State should adopt adequate measures, using all maximum available resources to assure adequate alternatives for housing, resettlement, or access to productive land. 

* Nelson Saule Junior, coordinator of the Polis Institute and member of the National Forum for Urban Reform. 

** Letícia Osório, representative of Cohre Americas and a member of the Group of the United Nations in preventing forced displacement.

*** Patrícia de Menezes Cardoso, lawyer at the Polis Institute and advisor for the National Council on Human Rights to Adequate Housing.