The Right to Adequate Housing in International Human Rights Law Centre on Housing Rights and Evictions www.cohre.org Email: cohreasia@cohre.org

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Structure of Session Nature of State Obligations The Right to Adequate Housing Prohibition of Forced Evictions Legal Evictions www.cohre.org

ESC Rights – Nature of State Obligations Art. 2 (1) ICESCR: Each party..“To take steps … to the maximum of available resources” “with a view to achieving progressively the full realisation (progressive realisation)”...of the rights “by all appropriate means including the adoption of legislative measures” www.cohre.org

ESC Rights – Nature of State Obligations: Progressive Realisation “Progressive realisation” as defined in General Comment No 3: Nature of States parties obligations (1990) 1. Contains “an obligation to move as expeditiously and effectively as possible towards (the) goal” of full realisation of the Covenant rights. 2. Therefore, “Any deliberately retrogressive measures (…) would require the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant (…)”. www.cohre.org

ESC Rights – Nature of State Obligations: Respect, protect, fulfill Government should refrain from interfering with enjoyment of existing level of rights Protect: Government should prevent violations by third parties Fulfill: Government should adopt appropriate legislation and policy measures to move towards full realization of the right www.cohre.org

The Right to Adequate Housing International Covenant on Economic, Social and Cultural Rights, Article 11(1) states : ‘The States Parties recognise the right of everyone to an adequate standard of living for himself and for his family (sic), including adequate food, clothing and housing and to the continuous improvement of living conditions.’ www.cohre.org

The Right to Adequate Housing Right to Adequate Housing International Covenant on Economic, Social and Cultural Rights, Article 11(1) states : ‘The state parties recognise the right of everyone to an adequate standard of living for himself and for his family (sic), including adequate food, clothing and housing and to the continuous improvement of living conditions.’ General Comment No 4: Right to Adequate Housing Adopted on 12 December 1991, Committee on Economic, Social and Cultural Rights www.cohre.org

General Comment No 4: Elements to Adequate Housing Legal security of tenure Availability of services, materials, facilities, infrastructure Affordability Habitability Accessibility Location Cultural Adequacy www.cohre.org

Prohibition of Forced Evictions General Comment No 7: The Right to Adequate Housing: Forced Evictions Adopted on 20 May 1997, Committee on Economic, Social and Cultural Rights Forced evictions are: ‘The permanent or temporary removal 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.’ www.cohre.org

Prohibition of Forced Evictions The removal of a person from his/her home is a ‘deliberately retrogressive measure’ (General Comment 3) It therefore needs to be ‘fully justified by reference to the totality of the rights provided for in the Covenant’ (General Comment 3) If it is not fully justified, the removal happens ‘without the provision of, and access to, appropriate forms of legal or other protection.’ (General Comment 7) It is then a forced eviction, in contravention of the obligations contained in Art. 11 (1) ICESCR www.cohre.org

General Comment No 7: Forced evictions Legal Evictions General Comment No 7: Forced evictions “… forced evictions are prima facie incompatible with the requirements of the Covenant.” “The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights.” www.cohre.org

Legal Evictions: Requirements under international human rights law The eviction has to be justified Rights before the eviction need to be respected Rights during the eviction need to be respected Rights after the eviction need to be respected www.cohre.org

Legal Evictions: Justification for an eviction When can evictions be allowed? Genuine public interest or other very good reason All other possibilities to avoid eviction did not work www.cohre.org

Legal Evictions: Rights before an eviction Government duties before an eviction Consultation Information about the eviction Adequate and reasonable notice Fair and just compensation www.cohre.org

Legal Evictions: Rights during an eviction Government duties during an eviction Government official present during the eviction People carrying out the eviction should identify themselves Eviction should take place at a safe time Violence should be avoided www.cohre.org

Legal Evictions: Rights after an eviction Government duties after an eviction People should be able to obtain adequate alternative housing after the eviction (either through onsite upgrading, relocation or adequate compensation) People should not be homeless as a result of the eviction www.cohre.org

Examples of Best Practices Naga, City, Philippines Approach is of “partner-beneficiary” perspective 1. Empowerment Ordinance of 1997 -established a system of partnership with Pos and their allied NGOs into The city peoples council -appoint CSO reps to special units of the city government 2. Naga City Partners in development programme -one simple, single criterion – presence of a land tenure problem -city allocated 10% of its budget to solve security of land tenure among Urban poor and the lack of basic infrastructure in their communities -focused on land acquisition for urban poor and onsite upgrading 3. Setting up of Urban Poor Affairs Office www.cohre.org

Examples of Best Practices Montevideo, Uruguay (Maximo Tajes settlement) -City general policy not to forcibly evict any residents off municipal lands -If eviction could not be avoided, policy is to relocate to other sites in the same neighborhood (right to the city concept) -Land and Housing Service arranges arbitration process between the Municipality and residents (to avoid expensive court action) -A relocation programme in 3 sites was designed in mutual agreement With the community -Community provide labor to build new houses - Diaologues organized by government to mediate between new Residents and old wealthy residents -short term ban on resale of house www.cohre.org