Kalmar Zvezdan

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Peoples rights first- how IFIs can protect human rights of invisible people in transitional countries- case of “GAZELA”

Kalmar Zvezdan

Peoples rights first- how IFIs can protect human rights of invisible people in transitional countries- case of “GAZELA”

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Contents

1. Economic and social rights of “invisible” people

2. Case of “Gazela” resettlement- EIB involvement

3. Human rights approach in economically

development projects and programs

4. EIB policies versus State sovereignty and

protection of Human rights of “invisible” people

in Serbia

5. Where to go from here

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Economical and social rights of “invisible” people• 1.1 The right to adequate housing is not limited to

the house itself, that is, it does not refer only to a roof and four walls.

• Housing has to be understood in broader terms, • taking into account, cultural aspects of the place

where it is located community living therein. • The concept of adequate housing also encompasses

access to “natural” and other eco system services

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Economical and social rights of “invisible” people1.1 security of tenure (including protection against forced

evictions);

1.2. access to basic services

1.3. use of appropriate and adequate materials ensuring habitability

1.4. priority to the needs of specific groups,

1.5. access to means of subsistence

1.6. use of materials, structures and space organization in accordance with the inhabitants’ cultural requirements and preferences;

1.7. affordability and access to financial resources;

1.8. participation in all stages and processes of decision-making related to housing;

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Economical and social rights of “invisible” people1.5. access to means of subsistence

1.6. use of materials, structures and space organization in accordance with the inhabitants’ cultural requirements and preferences;

1.7. affordability and access to financial resources;

1.8. participation in all stages and processes of decision-making related to housing;

1.9. privacy, security and freedom from violence;

1.10. access to remedies for any violations suffered.

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Economical and social rights of “invisible” people and forced evictions1.11. http://www2.ohchr.org/english/issues/housing/docs/guidelines_en.pdf

, http://www.swedishcommittee.se/pdf/CoE%20Rec%20R%282005%294.pdf

1.12. Irrespective of the legal nature of residence or occupation, and

whether or not people hold formal titles to their homes, land or

property, they are entitled to receive protection from being unjustly evicted.

1.13. Evictions only under “exceptional circumstances,” when absolutely necessary > protecting health and well being, and when there is no other feasible alternative.

1.14. Some evictions may be considered necessary,

1.15. Evictions considered “legitimate” are that promote the public interest.

1.16. project shall be transparent, with alternative options.

1.17. Forced evictions are considered illegal when carried out with the use of

physical force or violence.

1.18. governments are also responsible for protecting people against forced evictions carried out by third parties.

Case of “Gazela” resettlement- EIB involvement2.1 Project background2.2. EIB Involvement2.3.EIB standards for involuntary resettlements2.4. Contractual relationship with Serbia and City of Belgrade2.5. Current status of projecthttp://www.eib.org/projects/news/gazela-bridge-rehabilitation-project

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Human rights approach in economically development projects and programs

3.1 Practical and Operational Tools to Promote, Monitor andImplement the Human Right to Adequate3.2. main objective principles and guidance for when evictions are inevitable.3.3. TO INFORM AND INVOLVE THE AFFECTED POPULATION IN ALL STAGES OF PLANNING AND DECISION -MAKING IS A MANDATORY REQUIREMENT DURING THE WHOLE PROCESS !!!3.4. All information in advance, in simple , clear terms and language of those affected3.5. Partnerships and other arrangements with PAPs, NGOs, academics3.6. Gender equality approach should be taken

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EIB policies versus State sovereignty and protection of Human rights of “invisible” people in Serbia

4.1. General status of Human rights in Serbia4.1.1. Human Rights of legally “invisible” citizens of Serbia4.2. EIB role in political processes in Serbia4.3. Evictions legislation in Serbia4.4. Future development projects and potentially impacts on Human rights

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Where to go from here

• Strict implementation of European and UN standards

• Human Rights at the heart of programs and projects

• EIBs shared responsibility for humanity and legality of implementation

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Thanks for your attention!

Kalmar Zvezdanzvezdan@bankwatch.org

vodana@gmail.com

Korzo 15/1324000 Subotica

Serbia

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