Concluding observation Committee on Economic, Social and Cultural Rights
E/C.12/IRN/CO/2 para 24
Full recommendation:
The Committee urges the State party to refrain from forcibly evicting individuals and
expropriating land in the context of development projects, including in regions traditionally
inhabited by ethnic minorities. It recalls that in cases where eviction or relocation is considered
to be justified, it should be carried out in strict compliance with the relevant provisions of
international human rights law. In this regard, the Committee draws the State party’s attention
to its general comment No.7 (1997) on forced evictions, which includes guidance on, inter alia,
adequate legal remedies, adequate compensation, and effective and meaningful consultation.
Assessment using Impact Iran human rights indicators1

The Urban Land Act is a law that empowers municipalities to develop and implement urban
development plans to build housing and improve community welfare.2 In some of these
development projects, land or personal property is included in the scope of the plan, and the
municipalities, or the Ministry of Housing and Urban Development, are required to purchase the
land from its owners. Article 9 of this law deals with the conditions and regulations on how to
acquire such lands.3 Note 6 of this article allows the municipalities or the government that in
case of non-compliance of the owner with the sale of the property, the value of the property will
be deposited in the account of the "Registration Fund" of the region and after the owner refers,
this amount will be paid to him, or be exchanged for another piece of land. In general, according
to the Law on Urban Land4 and its executive regulations5, if land or property is included in a
development plan approved by the municipality, or the Ministry of Housing and Urban
Development, in practice there is no possibility of opposition from the owners and laws and
regulations are not on the side of the private owners.
In this context, there are no legal protections in Iranian legislation specifically addressing forced
evictions. Article 31 of the Constitution of 1979 indirectly addresses this issue by mandating that
“Every Iranian individual and family is entitled to a dwelling appropriate to its needs”. The Civil
Code of the Islamic Republic of Iran addresses government appropriation of land in its article 26,
as it the seizure of property by the government if this act is in ‘the best interest of the province,
ESCR.11.1.P.2 ESCR.11.1.O.3


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