The UN Committee on Economic, Social and Cultural Rights ensures that States are obliged to safeguard equitable access to land and its use and must refrain from evicting users of the lands on which they depend for their livelihood.
This requirement is contained in a guidance note to clarify the obligations of States in relation to access to land, its use and control, in particular on pressing issues affecting human rights, such as the eviction of land users, international investment, related conflicts with the earth and climate change.
“In many parts of the world, land is not only a resource for producing food, generating income and developing housing; it also constitutes the basis for social, cultural and religious practices and for the enjoyment of the right to participate in cultural life”, recalls the Committee in its guidance note, formally known as the general comment.
The observation comes after the high demand for land and rapid urbanization in most of the world have significantly affected the rights enshrined in the International Covenant on Economic, Social and Cultural Rights.
Among these impacts, the Committee points out that, in cities, financing of housing markets has fueled speculation and inflationaffecting the rights to an adequate standard of living and adequate housing of those who have been left behind.
Meanwhile, in rural areas, competition for arable land from large-scale development projects and tourism have significantly affected livelihoods and rights of their populations.
International investments have a growing negative impact on the access of individual groups, peasants and indigenous peoples to productive resources. An indigenous woman sells dolls on the streets of Santiago de Querétaro, in Mexico.
Lack of food and water
“Land degradation due to overuse, mismanagement and unsustainable agricultural practices has led to food insecurity and water degradation, and is directly linked to climate change,” the Committee states.
The general comment offers specific advice on legitimate land tenure rights to States Parties to the Covenant, recommending that they refrain from evicting users of the lands on which they depend for their subsistence and from using forced evictions and demolition of properties as punitive measures.
The Committee calls on States to “introduce and enforce national legislation that explicitly prohibits forced evictions and establish a framework so that eviction and resettlement processes are carried out in accordance with the right and international human rights standards.
Noting the growing negative impact on the access of individual groups, peasants and indigenous peoples to productive resources as a result of international investment, the Committee urges States Parties to “adopt specific measures to prevent their national and international policies and actions, such as trade, investment, energy, agriculture, development and climate change mitigation policies interfere, directly or indirectly, with the enjoyment of human rights”.
Inequality in the distribution of land
The structurally unequal distribution of land can also be one of the main causes of conflictswhich in turn also cause forced displacement and land dispossession, which affects the most vulnerable.
“States must do everything possible to prevent the dispossession of land during internal armed conflicts. If, despite everything, dispossession occurs, States are obliged to establish restitution programs to guarantee to all internally displaced persons the right to restitution of the lands of which they were arbitrarily or illegally deprived”, underlines the Committee.
Some areas of Niger suffer from degradation due to unsustainable exploitation practices.
Concern for climate change
The general comment also reflects the Committee’s concern about the impact of climate change on access to land.
“Rising temperatures, changes in rainfall patterns and the increasing frequency of extreme weather events such as droughts and floods are increasingly affecting access to land,” the Committee explains.
Therefore, remember that “States have the obligation to design climate change adaptation policies at the national level that take into account all forms of modification of land use” induced by this phenomenon.
