ADVICE

Here are some Human Rights Questions and Answers:

THE RIGHT TO HOUSING.

The right to housing is not just a right simpliciter. The real right is one to adequate housing. This is defined as meaning adequate space, adequate lighting and ventilation, adequate privacy, adequate security, adequate basic infrastructure and adequate location in relation to workplace and basic facilities. This should all be at a reasonable cost.

Housing rights represent a universal right for all human beings – men, women and children including refugees, migrant workers and other groups. The homeless too have a right to adequate housing. There should be no discrimination by States in providing and meeting the housing needs of their citizens.

THE ESC RIGHTS COVENANT: ARTICLE 2.1

Article 2.1 of the Covenant on Economic, Social and Cultural Rights sets out what Governments ought to do, and what they must not do to provide their citizens with adequate housing. It says:

“Each State to the present Covenant undertake to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant, by all appropriate means, including particularly the adoption of legislative measures.”

The first prerequisite for any State that desires to fulfil this obligation under Article 2.1 is review its housing stock and thereafter set up a National Housing Strategy, which must involve the public participation of its citizens in every district, country or local authority. Following this, the second practical objective should be to check out the country’s available financial and building resources. Third, set out a maximum attainable objective for increasing the housing stock given the country’s limited resources. Fourth, make sure that the resources are used mist effectively and efficiently to maximize the increment on the existing housing stock available to its citizens.

In all this, States also have the right to seek international assistance and co-operation in this regard. This additional available assistance is not often pursued by States. Yet, adequate avenues of resources should be targeted for assistance.

INADEQUATE HOUSING CREATES WIDER PROBLEMS

The United Nations Centre for Human Settlements (Habitat) estimates that well over one billion people live in inadequate housing in our world: over one hundred million are homeless. This tells us that some of these unfortunate persons live in squalor and insanitary conditions, in over crowded homes, with little or now water and no proper toilet facilities. Added to that, is the fact that inadequate housing is a breeding ground for disease, violence, child sexual molestation with families and other anti-social happenings. For the homeless it is devastating. They often end up dying prematurely from pneumonia exposure to the elements and disease.

Resolution 16\7 of the United Nations Commission on Housing Settlements whose subject matter is entitled _ “The Realization of the Human Right to Adequate Housing “ U.N. Centre for Human Rights and the UN Centre for Human Settlements be developed to assist States in reaching their commitments regarding the realization of the right to adequate housing, as set out in international agreement.

While most countries are in deficit in the struggle for the realization of adequate housing for their citizens, it is in what is describes as Third World or Developing Countries where this problem most exists.

FORCED EVICTIONS

We have all seen in real life or in photographs the slums and barrios of cities in South America, Africa, the Indian Sub-continent, and elsewhere. Sometimes, State authorities find it convenient(but very inconvenient for the inhabitants) to remove and forcefully evict persons from areas where they have been squatting and living for several years. These people obviously eke out a living in poverty and destitution.

Many persons within such communities where Forced Evictions happen, even though they have rights, are hamstrung in pursuing them because of their penurious condition. This however is sometimes possible if there is a Civil Society Organization or an NGO whose portfolio or platform is the promotion and protection of Housing Rights by seeking redress, whether through the Courts of Law or by Arbitration or otherwise.

NGOs IMPORTANT IN HELPING TO PRESERVE HOUSING RIGHTS

In short, such NGOs play an important role in the promotion and the protection of Housing Rights. They are indispensable in the present state of the world regarding inadequate housing, forced evictions and discrimination and victimization of people living in tenement, with exorbitant rent and ruthless and unscrupulous landlords.

In this regard, “General Comment No. 7 on the Right to Adequate Housing: Forced Evictions: which was issued by the Committee on ESC Rights in May, 1997 defines forced evictions as:

“The permanent or temporary removal against their will of individuals, families and or communities from their homes and/or land which they occupy, without the provision of any access to appropriate forms of legal or other protection”.

Professor Phillip Alston, Chairperson of the Committee on ESC Rights described the measures as a “major statement in response to one of the most significant problems we have to confront. We hope this is the start of a fundamental rethinking by governments of the frequent and ill-advised resort to forced evictions to deal with broader social issues.

Some of the rules emanating from General Comment No. 7 are:

Eviction should be made available for persons homeless. Governments have a duty to guarantee alternative housing to persons who have been evicted.

Legal remedies should be made available for persons affected by eviction orders.

States are obliged to explore feasible alternatives before resorting to forced eviction.

In the 1990s in Saint Vincent and the Grenadines in the Caribbean, a community of tenants became tenants of the Government, when the Government bought out the land and housing where they lived – mostly sub-standard housing. The Government’s purpose was to use the land area to build a Tourist Ship Terminal and Ferry Berth. Negotiations took place between the people in the Community and Government. Alternative accommodation was provided and compensation paid where necessary. The clearing off of the dwellers took much longer than scheduled for, but in the end there was no unlawful or forced eviction. The Tourist Ship and Ferry Boat Terminal is now in place.

On the other hand, bulldozers were utilized in the same country to evict squatters from State property in a Reclaimed Area on the foreshore in the capital Kingstown, smashing their belonging. No alternative accommodation was offered. The persons involved were mainly very poor.

In the Dominican Republic,COPADEBA, a community based organization and Cuidad Alternativa, an NGO, worked together for several years against planned forced evictions in Dominican Republic, and mainly in Santo Domingo, the capital. In the decade 19985 to 1995 over 200,000 barrio dwellers faced evictions for the purpose of enabling urban beautification programmes and festivities to celebrate the 500th anniversary of Columbus’ arrival in the country.

The two groups working together, and with help from the Centre on Housing Rights and Evictions (COHRE) were able to use international human rights standards – The CESCR in particular – as a weapon against evictions. In 1990 they were successful in getting the Committee on ESC Rights to declare that the Dominican Republic had violate article II of the Covenant, based on its practice forced evictions. Furthermore, the Committee issued a warning to the government not to carry out further planned evictions affecting 70,000 dwellers. As a result the evictions were not carried out and the community dwellers now have SECURE TENURE and access to many basic services.

In 1998 when the UN Committee on ESC Rights reviewed the Report of the Nigerian Military Government, it expressed concern over the rising member of women and girls forced to sleep in the streets, where they are vulnerable to rape and general violence. It further urged the government to immediately cease the arbitrary evictions of people from their homes and take steps to help those so evicted.

In India, in the case of SHANTI STAR BUILDRES V NARYAN KHIMALITATOME et al [(I) SC 106, Civil Appeal No. 2598 of 1989 [JT 1990] the Supreme Court used the right to life to show that the right to adequate housing is necessary for the achievement of the former rights, which is guaranteed under Article 21 of the Indian Constitution. The Court states that a reasonable residence is an indispensable necessity in order to fulfill the constitutional goal in man’s development. Therefore it should be taken as included, as part and parcel of “{life” as in Article 2.I.

The South African Constitution of 1996 has provided for the justiciability of housing rights which is included in its Bill of Rights. It expressly sets out the right to adequate housing and prohibits force evictions. Only a small minority of States have included the Right to Housing in their Bill of Rights.

HAPHAZARD AND UNORGANIZED HOUSING

There is tendency in some Caribbean countries and elsewhere for Governments to be very slow and lethargic in their efforts to provide even minimum housing facilities for their citizens. When this happens the vary citizen go on to Government lands, and squat and build whatever type houses they are able to afford. This sort of haphazard development creates severe problems for the future. Boundary disputes abound, basic necessities such as water and electricity are absent, the environment is polluted in many different ways, there is no organized laid out road system, and so on. In short, many slums are created in such circumstances.

Governments sometimes endeavour to try and remedy the situation, by putting in water and electricity and other basic infrastructure, after the squatting has become extensive. By that time it is too late. The damage has been done. This type of housing development must be discouraged. Governments should respond up-front to the housing needs of their citizens in an organized and planned manner.

CONCLUSION

Under-development and poverty account for present the problems facing our world in satisfying the right of every man, woman and child to be accorded adequate housing. This problem is more intense in what is now commonly referred to as developing countries.

However, even in developing countries the situation could be improved if States make every effort to adhere to and implement the provision of Article 2.1 of the ICESCR. Countries that have not ratified ICESCR should do so.

The eradication of poverty will effectively aid the provision of adequate housing. About 1.3 billion people live in extreme poverty today. There is a moral duty to assist the poor. it is a legal duty for the Government of all countries.

MARCH 2001 –THIS ARTICLE APPEARED IN THE LOCAL NEWSPAPERS