The Interrelation of Forced Eviction and the Right to Development

Development is one of the most common reasons to evict inhabitant forcibly. This happens because individuals or communities are placed as objects of development, causing the closure of participation space in development. In the perspective of human rights, development is claimed as a right, which every human being has the right to participate, contribute, and receive benefits for everything that results from development. This study aims to understand the perspective of the right to development towards forced evictions and the implementation od state obligation on the right to development at the national level. The study reveals that based on the principles in the right to development (such as holistic development;placement of humans as the central subject of development as well as participation in the development process) can protect individuals or communities from forced evictions. Futhermore, to ensure the fulfillment, state has key role to implement the right to development at the national level.


A. INTRODUCTION
The tendency of state to focus on building physical infrastructure by mainstreaming technocratic approach is feared to be the cause of the abandonment of human rights approach in the development process. 1 In Nairobi, Kenya, evictions by the government threatened about 300,000 Nairobi residents living in informal settlements. 2 In the Dominican Republic, development projects related to urbanization, such as road construction or development of land for tourism, led to forced evictions. 3 Forced eviction is a violation of human rights, which not only causes the violation of the right to residence, but also impacts on the spectrum of other human rights. 4 Forced evictions situating individuals or communities as objects of development, which causes the closure of participation space in development. This is inversely proportional to the concept of development, which covers the aspects of human rights. Development is claimed as a human right after the adoption of the Declaration of the Right to Development in 1986.
The inclusion not only accommodates the demands of developing countries for a just international order which in line with the objectives of the New International Economic Order (NIEO), but also gives significant influence on the discourse of The resolution of the UN Human Rights Commission Number 1993/77 and 2004/28 states that forced evictions not only cause violations of the right to housing, but also affect the spectrum of other human rights. 5 Arjun Sengupta, "On the Theory and Practice of the Right to Development", Human Rights Quarterly, Vol. 24, No. 4, 2002, p 838. 6 Irawati Handayani, Justiciability of Economic, Social and Cultural Rights in International Law and Its human rights. 5 The element of the right to development, such as collective rights, has surpassed the traditional view of human rights that emphasizes individual rights. 6 The right to development is also considered as a unitification civil and political rights as well as economic, social, and cultural rights. 7 This is because it recognizes that human rights are inseparable and interdependent. 8 The right to development also gives hope for vulnerable groups, especially the poor who are vulnerable to foced eviction, to be involved in the development process. The right to development is an irrevocable right whereall people have the right to participate and contribute to the enjoyment of economic, social, cultural, and political development, hence human rights and fundamental freedoms can be fully realized. 9 Thus, it can prevent the poor from being placed as object of development.
Accordingly, there is a possibility to analyze forced evictions in the perspective of the right to developmentbecause the involvement of of individuals or communities in the development process is an important element in preventing forced evictions. In addition, the right to development also aims to fulfill human rights and fundamental freedoms. Therefore, development must lead to the realization of human rights which based on 221 Difa Ghiblartar Gastina, Irawati Handayani The Interrelation of Forced Eviction and the Right to Development the principles of equity and social justice. 10 For this reason, state must avoid the development that lead to the violations of human rights.
Based on these descriptions, the study tried to reveal the perspective of the right to development towards forced eviction and the implementation of state obligation on the right to development at the national level. In this article, the author tries to provide another alternative in analysing forced evictions using the perspective of the right to development. The author will evaluate international legal instruments in related to the right to development and other instruments in related to forced evictions.

B. RIGHT TO DEVELOPMENT AS A HUMAN RIGHT
Donnelly conceptualizes the traditional view of human rights as something inherent in humans, sourced from natural rights, and not given by the community. 11 The paradigm of placing human rights as an individual right is associated with negative freedom. 12 Thus, according to Donnelly, collective rights such as the right to development is not seen as human rights. Instead, the right to development is no more than an individual right. It is only a "right to pursue full personal development along all major dimensions of human life", this type of right is a summary of traditional rights. 13 This opinion is certainly different from the development of human rights that places the right to development in the third generation of human rights. transcends traditional rights, one of which is collective rights. The view that sees human rights only as an individual right, according to Iqbal, is based on Aston's excessively individualistic approach to human rights. 14 For Iqbal this view does not consider social and economic conditions. 15 Unlike Jack Donnelly's view, experts in developing countries view the right to development as human right. Sengupta states that the traditional argument could be refuted by referring to the substance of human rights contained in the literature such as the Universal Declaration of Human Rights (UDHR). It contains elements of human rights, which exceeded the principles of natural rights. 16 He argues it is due to a pluralistic In international legal basis, the Universal Declaration of Law does not only contain natural rights but also economic, social, and cultural rights. 17 Regarding collective rights and individual rights, Sengupta reveals that there is no reason to distinguish between the two, as long as it can determine the obligation for the bearer to fulfill and to secure these rights. 18 Also, the dichotomy between positive and negative obligations cannot be justified because the implementation of both rights requires negative (prevention) and positive (promotion or protective) obligations. 19 In this case, according to Sengupta, it is difficult to consider only civil and political rights as human rights, while economic and social as well as collective rights are not considered as human rights. 20 Meanwhile human rights instruments adopted by United Nations and regional bodies. 3. The third principle defines the right to that process of development in terms of claims or entitlements of rights holders, which duty bearers must protect and promote. Sengupta states that the right to development is the right to the process of development. In this case, development must be a process that leads to the realization of human rights. 26 In addition, the development process must also lead to the principles of equity and social justice. 27 It is based on several articles 28 of the Declaration of the Right to Development, outlining the intention that human rights are the right to the development process. 29 According to Osmani, the right to development must not be defined exclusively as a right to the development process. 30 Osmani argues that this view makes the right to development only valuable instrumental and ignore the results (such as equity and sustainability) that has intrinsic value in the concept of the right to development. 31 Osmani proposes an alternative formulation of the right to development, which is consistent with definition the Right to Development. It includes the right to a process and the right to outcomes. 32 "(1) The right to development is the right of everyone to enjoy the full array of socio-economic-cultural as well as civil-political rights equitably and sustainably and (2) through a process that satisfies the principles of participation, non-discrimination, transparency and accountability."  Humans are stakeholders of the right to development, both individually and collectively. This is related to the content of the Declaration of the Right to Development, which consists of individual and collective rights. As 35 Article 1 paragraph 1 of the Declaration of the Right to Development, "The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized." (1). According to Iqbal, the article must be read by relating it to other articles, such as Articles 2, 6, and 8. Then again, Articles 2 and 8 generally describe the aims and the objectives of the right to development. 36 As a collective right is mentioned in article 1 paragraph 1 that mentions all people and Article 2 paragraph 3 as "entire population". 37 With regard to the collective form of the right to development, the promotion of new international economic orders has major influence in the formation of the collective right. 38 It is also closely related to the right to selfdetermination, including the right to full sovereignty of natural resources, as contained in article 1 paragraph 2 and article 5 of the Declaration on the Right to Development. 39 In the Declaration of the Right to Development, state's obligation to implement the right to development is divided into internal and external dimensions. 40 The internal dimension relates to the implementation of the right to development in its jurisdiction or at the national level, 41 this is contained in article 2 paragraph 3 and article 8 paragraph 1. 42 The external dimension is the implementation of the and human beings affected by situations such as those resulting from apartheid , all forms of racism and racial discrimination, colonialism, foreign domination and occupation, aggression, foreign interference and threats against national sovereignty, national unity and territorial integrity, threats of war and refusal to recognize the fundamental right of peoples to selfdetermination." states that the implementation of the right to development must respect human rights completely, either civil or political rights; and economic, social, and cultural rights. against their will of individuals, families and/or communities from the homes and/or land, which they occupy, without the provision of, and access to, appropriate forms of legal or other protection. 47 Forced eviction has become a global epidemic. asTherefore it catch international legal attention. 48 The concern of the international community on the issue of forced evictions is based on the consequences of human rights violations.  59 Indigenous peoples are affected greatly by largescale development projects because they lost resources that are actually their rights, such as land, that has existed for generations. 60 Large-scale development projects also cause environmental damage and loss of livelihoods, increasing the number of people who were forcibly evicted. 61 In Nairobi, Kenya, evictions planned by the national government threatened around 300,000 Nairobi residents living in informal settlements. 62 The government justifies the eviction; they stated that the informal settlement is located in dangerous public areas, such as under the electricity channel and on land that is provided for railroad construction reserves, or land provided for future road construction. 63 56 Ibid. 57 Ibid. 58 Ibid, p. Ix. 59 Ibid. 60 Ibid. 61 Ibid.

Difa Ghiblartar Gastina, Irawati Handayani
The Interrelation of Forced Eviction and the Right to Development Village was the first area to be evicted. Around 400 buildings were destroyed including schools, clinics, and churches. 64 The forced evictions affected around 2,000 people and it caused property losses worth millions of Kenyan shillings and were carried out without prior notice or consultation and no relocation plans were offered. 65 Likewise, in the Dominican Republic, forced evictions occurred related to development projects for the sake of urbanization, covering the construction of roads or the development of land of tourism. 66 Amnesty International reported that in early December 2007, a number of police and soldiers forcibly evicted 45 families, including minors, from their homes at Villa Venecia de Pantoja, about 10 kilometers from Santo Domingo. 67 Police and soldiers woke the settlers around 4:00 a.m. and ordered them to leave the area immediately. 68 An example of a large-scale development project is the construction of the Lyari Expressway in Karachi, Pakistan. The development is predicted to cause eviction to 77,000 families or around 230,000 people. 69 This eviction would disrupt the education process of around 26,000 school students and cause 40,000 people lose their jobs. 70 The Government offered compensation and the resettlement outside Karachi but community organizations criticized it because the compensation funds was deemed inadequate, futhermore the relocation to remote areas and resulting lack of access to paved roads and other important facilities, such as water and electricity. 71 Another case 64 Ibid. 65 Ibid. 66 Ibid, p. 37. 67 Ibid. 68 Ibid. women, indigenous peoples and persons with disabilities, as well as others working on behalf of the affected, have the right to relevant information, full consultation and participation throughout the entire process, and to propose alternatives that authorities should duly consider". The guidelines state that participation from affected persons in during planning processes, in this case "opportunities for dialogue and consultation must be effective to the full spectrum of persons, including women and vulnerable and marginalized groups, and when necessary, through the adoption of special measures or procedures". 77 In the perspective of the right to development, participation from affected person not only when States planning to eviction, but when the development is planned by the State. That is not only preventing human rights violations caused by development, such as forced evictions, but also has the possibility of preventing the occurrence of evictions. The development is seen as a right and the state should respect human rights and participation. It is based on the principle of the right to development to place human person as the central subject and the purpose of the development to realizing human rights.
Recognized development as human rights has implication not only on the occurrence of a paradigm shift related to the concept of development that is required to respect and advance human rights. However, development is an inherent right of every human being. Everyone has the right to participate, to contribute, and to receive any benefits 77 Ibid, paragraph 39. Participation as a part of the right to development directed to people affected by development. Hadiprayitno highlights that the effectiveness of participation must be judged subjectively based on the views of the affected people. 80 The reflects whether the development is based on the desires and considerations of affected individuals and communities. Therefore, development is based on the needs and considerations of these individuals and communities. Participation can also protect the community from forced eviction. This is because in the development process, the participation is focused on the consideration of the affected people. In addition, the principle of participation is expected to protect the poor. Often, the poor is confronted to structural obstacles, which cause loss of access to participate and to contribute to the development.
In this regard, the right to development is effective to avoid violations of human rights due to the process of development.  communities are made as the objects of development. It is seen from the sense of forced eviction, namely the transfer carried out by force against the will of the displaced parties. This causes the absence of access to participate and to contribute to the development.

State's Obligation in Applying the Right to Development at the National Level
The role of state in implementation of the right to development is very important because it presents state as the bearer of obligations of the right of development. State has obligations that must be carried out to respect, to protect, and to fulfil human rights. In line with that, state's obligations are divided into two dimensions, namely internal and external dimensions. The internal dimension relates to the implementation of the right to development in its jurisdiction or at the national level. The external dimension is the implementation of the right to development at the international level. This study covers the internal dimensions of the right to development.
One of the weaknesses in the discourse of the right to development is state mainly focus at the international level instead of national level. 81 This cannot be separated from the debate at the articulation of the right to development between third world countries and developed countries. It The term soft law refers to an instrument that has no binding legal force. However, it does not mean that soft law has no influence in international law. In general, soft law is the source of hard law. For instance, UDHR is the source of the International Bill of Human Rights. In addition, soft law can also develop and turn into hard law, for example the Convention on the Rights of Persons with Disabilities (CRPD) which takes approximately 20 years to reform and develop from resolution and declaration. See Michael Ashley Stein* & also related to the NIEO agenda, which influences the discourse regarding the right to development that is more focused at the international level. In addition, the instrument of the right to development in the form of soft law is another weakness to the implementation at the national level. 82 However, the declaration of the right to development has a substantive relationship with other international instruments.
Furthermore, discussion to implement the right to development needs to be emphasized, 83  The importance of the realization and implementation of the right to development is one of the discourses among experts. For example, "Expert Meeting on legal perspectives involved in implementing the right to development" held at the Château de Bossey, Switzerland, January 4-6, 2008. They discussed legal issues related to the implementation of the right to development, including the problems and prospects for establishing binding legal standards on the right to development.

Difa Ghiblartar Gastina, Irawati Handayani
The Interrelation of Forced Eviction and the Right to Development active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom." The article determines that state has to participate individuals or community in the making development policies at the national level Development policies made by the state must be participatory, free, active, and meaningful. Anyone without discrimination has the right to participate, especially individuals or communities affected by the development policy.
The most important element on the success of policy is the adoption of appropriate development strategies that aim to promote human rights. 84 The declaration of the right to development does not mention a specific development model that can be implemented by state. The absence of the concept demonstrates its ability to adapt to the different models in each country. According to Alston, this is "open ended and indeterminate", because the Declaration shows dynamism to adapt to various circumstances. 85 The report of the Secretary-General also states that there is no universal model of development process. 86 However, the Report states that effective development strategies, both at national and international levels, must be based on respect to human rights and include measures to realize the rights. 87 Thus, each development model must lead to the realization of the right to development for each individual and everyone. In this case, development must be a process that leads to the realization of human rights.
One of the influences of the right to development on the concept of development is the change of the notion of Report of the Secretary-General, "The Emergence of The Right to Development", in Realizing the Right to development to be holistic. It does not cover only economic growth but also relates it to the discourse of human rights. This characterizes an acknowledgment of the fact that human rights and development policies are interrelated. 88 Based on this, development is no longer seen only in terms of national income growth or even per capita income. 89 This definition describes development not only as an economic process but also social, cultural, and political as well as outlining several principles related to development, such as development goals to improve welfare, placing humans as the central subject of development, and equitable distribution related to the results of development. In addition, the Declaration of the Right to Development also recognizes the importance of respecting and promoting human rights.
The Declaration of the Right to Development states that the implementation of the right to development must respect human rights completely, either civil and political rights; and economic, social, and cultural rights. This is because the Declaration of the Right to Development expressly acknowledges the inseparability, interdependence, and relevance of human rights, as an expression of the idea of the unity of human rights in the right to development. Iqbal says that the Declaration of the Right to Development has set guidelines to achieve development goals, as contained in Article 8 of the Declaration as follows. 90 Iqbal's view is related to the purpose of development, not the process of development. In addition, the  principles in other human rights instruments. This is as stipulated in Article 11 of the ICESCR on the decent standard of living guaranteed for each individual and his family, as well as for continuous improvement of living conditions. 91 One of the elements in a decent standard of living is the right to adequate housing. 92 Hence, state must take adequate steps to guarantee the realization of this right. 93 The Article 6 of the Declaration of the Right to Development recognizes that human rights are indivisible. Therefore, development must respect human rights as a whole, both civil and political rights; and economic, social, and cultural rights. The right to development proclaims the unity of the two forms of human rights: civil and political rights; and economic, social, and cultural rights. In addition, Development must not lead to denial of other human rights. There is a strict statement in the Declaration of the Right to Development that mentions the promotion of, respect for, and rights of fundamental rights and freedoms. 94 In the implementation the right of development, state must be able to guarantee that the distribution of the benefits of development is fair and there is no harm caused by development.  96 This special attention expected to improve their quality of life, so that development becomes more meaningful. This is because poverty is related to the right to development. There is an assumption that one of the causes of poverty is denial of human rights. 97 Although the declaration of the right to development does not explicitly address the special attention to vulnerable groups (the poor), some principles of the Declaration, such as fair distribution, participation, 98 contribution to and enjoy economic, social, cultural, and political developments 99 , are an indication that the right to development is an effective tool to reduce inequality and poverty. This is because poverty is caused not only by natural resources, but also by structural problems.
Based on the description, state obligation to implement the right to development is not only related to the results but also the processes of development. Both are interrelated and complementary. This not only protects individuals or communities from human rights violations, because of development, but also provides hope for vulnerable groups (especially the poor) to engage and participate in the development process, additionally to enjoy the results and the benefits of development based on fair distribution to improve their standard of living.
To realizing the right of development, state must create conditions that support the promotion of participation as an important factor in the development process and the fulfillment of human rights.  Participation has become an integral part of development and an important principle of the development process. Article 1 paragraph 1 of the Declaration of the Right to Development states that individuals and communities have the right to participate in development process. Then, Article 2 paragraph 3 states as follows.
"States have the right and the duty to formulate appropriate national development policies that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom." Article 8 paragraph 2, "States should encourage popular participation in all spheres as an important factor in development and in the full realization of all human rights." The Declaration on the Right to Development give special attention to women, Article 8 paragraph 1 states "…women have an active role in the development process." Therefore, democracy and political freedom should include at national level participation. According to Piovesan, participation at the national level must be carried out based on democratic principles, such as equality and non-discrimination based on gender, race, ethnicity, and other criteria, paying special attention to the most vulnerable. 100 Those principles refer to the component of development proposed by Sen that democracy and political freedom are important factors in development process. 101 The Vienna Declaration and Program of Action (1993) also mention the linkages between development, democracy, and freedom. These three elements are interdependent and strengthen each other. 102 The Vienna Declaration and Program of Action (1993) explains that 100 Flávia Piovesan," Op.cit, p. 105. 101 Ibid. 102 Article 8 of the Vienna Declaration and Programme of Action (1993) "democracy is based on the determination of a nation that is expressed freely to establish their own political, economic, social and cultural systems and their full participation in all aspects of life". 103 Furthermore, it is stated that the international community must support in strengthening and promoting democracy, development, and human rights and fundamental freedoms throughout the world. 104

E. CONCLUSION
The principles contained in the right to development can prevent forced eviction. The displacement of individuals or communities is caused by their positioning as objects of development, which results in the closed space of participation in development. Tensure the principles of the right to development are fulfilled, the role of state is needed as the carrier of the right to development. However, one of the problems related to the implementation of the right to development is the legal instrument, namely the Declaration of the Right to Development that does not legally binding. Apart from this, the fulfillment of the right to development has profound influence on third world countries and gives hope for vulnerable groups to be able to get involved and receive benefits from development.