ghetnet metiku ehrc homelessness & right to adequate housing

Assessment on Homelessness & the Right to Adequate Housing in Ethiopia1st Draft Prepared on 14 January 2011

Assessment on Homelessness and the Right to Adequate Housing in

Ethiopia (1st Draft)

Ghetnet Metiku WoldeGiorgis

Socio-Legal Researcher

January 2011

Addis Ababa

Ghetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57

mailto:[email protected]


Table of Contents

1. Introduction...............................................................................................32. Conceptual Background............................................................................5

2.1. Defining Homelessness.......................................................................52.1.1. Scope of Existing Definitions.........................................................52.1.2. Coverage of Existing Definitions....................................................82.1.3. Typologies of Homelessness.........................................................92.1.4. Working Definition.......................................................................12

2.2. Causes of Homelessness...................................................................142.3. Homelessness and Human Rights.....................................................14

3. The Right to Adequate Housing...............................................................183.1. The Basis for the Right......................................................................18

3.1.1. International Standards...............................................................183.1.2. Regional Standards.....................................................................19

3.2. Substance of the Right......................................................................203.2.1. Meaning of ‘adequate’ housing...................................................203.2.2. Holders of the right.....................................................................213.2.3. Interrelationship with other rights...............................................21

3.3. Implementation of the Right..............................................................223.3.1. Obligations of States...................................................................223.3.2. Legal Strategies..........................................................................233.3.3. Non-legal strategies....................................................................24

3.4. Approaches to Homelessness............................................................244. Responses to Homelessness and its Impacts in Ethiopia........................29

4.1. Ratification of International and Regional Human Rights Instruments29

4.2. Constitutional Recognition of the Right to Adequate Housing...........294.3. Legislative Measures.........................................................................304.4. Non-Legislative Measures..................................................................314.5. Assessment.......................................................................................31

5. Recommendations...................................................................................335.1. General Recommendations...............................................................335.2. Specific Recommendations................................................................34

6. Annexes..................................................................................................386.1. References.........................................................................................386.2. Summary of international and regional standards.............................38

6.2.1. CESCR General Comment 4.........................................................386.2.2. CESCR General Comment 7.........................................................446.2.3. Indicators on the Right to Adequate Housing..............................50


of 57



1. Introduction

The Ethiopian Human Rights Commission (EHRC) is a national human rights institution established in accordance with Article 55(14) of the Constitution of the Federal Democratic Republic of Ethiopia (FDRE) through Proclamation No 210/2000. The establishing law gives the EHRC extensive mandates to promote, protect and work towards the realization of human rights in Ethiopia. More specifically, the duties and responsibilities of the Commission include:

– educating the public to be aware of and claim its rights;

– seeing to it that the human rights are protected, respected and fully enforced;

– investigating complaints of human rights violations; and,

– recommending remedial measure where they are found to have been violated.

In undertaking its duties and responsibilities the Commission has so far conducted important activities and programmes geared towards ensuring its role as the key human rights institution within the country. One among the focal areas being addressed by the EHRC since its establishment is the promotion of socio-economic rights, including the right to adequate housing. Accordingly, the Commission has decided to engage external consultants who would conduct an assessment of the national policy, legal, institutional framework for the implementation of the right to housing and responses to the situation of persons living in the street. The planned assessment will also seek to establish the roles to be played by the EHRC and other stakeholders in addressing homelessness and its impacts.

The assessment aims at enabling the creation of a comprehensive national policy, legal, institutional and programmatic response to the situation of persons and families living in the streets of urban centers throughout Ethiopia. To this end, the objectives of the current report are:

– Establishing the international and regional human rights framework for the recognition and realization of the rights of homeless persons, including the right to adequate housing;

– Drawing lessons from international and foreign practice in taking legislative, policy, institutional and programmatic measures towards addressing homelessness and the realization of the right to adequate housing; and,

– Reviewing and assessing the status, achievements, and gaps in addressing homelessness and the realization of the right to adequate


of 57



housing in Ethiopia in line with the applicable international human rights standards.

Based on the findings parallel to these specific objectives, the assessment will propose specific actionable recommendations for the EHRC and its partners.

The scope of the assessment could be seen from two distinct perspectives with overlapping substance: the right to adequate housing and homelessness. Thus, the major research issues to be addressed during the assessment are:

– international and regional standards defining the substance and implementation of the right to adequate housing and the rights of homeless persons that are relevant to Ethiopia;

– international practice in the implementation of the right to adequate housing and addressing homelessness; and,

– the implementation of the right to adequate housing and measures to address homelessness in Ethiopia.

The results of this assessment are expected to serve as a basis for activities to be conducted by the Commission and its partners during and after the current fiscal year, including legislative reform and lobbying, strengthening responses across sectors and designing specific direct interventions by the Commission. The lessons drawn from the assessment as well as subsequent activities will also serve as part of a model framework for similar activities to be designed in subsequent planning periods.


of 57



2. Conceptual Background

There is no internationally agreed definition of homelessness.1 Definitions range from the narrow—equating homelessness with “rooflessness”—to the broad, based on the adequacy of the dwelling, the risk of becoming homeless, the time exposed to homelessness and responsibilities for taking alleviating action.

2.1. Defining Homelessness

Defining ‘homelessness’ poses several challenges, especially in the context of developing countries including the absence of formal or binding definitions, limited data on the number and situation of the ‘homeless’, ambiguous distinctions with squatting and informal settlement, and the legal position of streetism.2 In order to count homeless people, there must first be a working definition of homelessness, which is lacking in most developing countries. In some cases the status of the most visible among the group may also be subject to administrative and criminal sanctions.3 On the other hand, since Western definitions fail to take into account the specific circumstances of less developed societies, existing theoretical and legal definitions are not fully relevant. For instance, the inclusion of squatters or informal settlements in the definition would incorporate most existing households and make it impossible to focus on the most vulnerable. It is thus necessary to formulate a working definition of homelessness in the context of specific developing countries if it is to inform relevant interventions. Given the lack of a globally agreed definition of homelessness, limited data are available about the scale of this phenomenon, which in turn impedes the development of coherent strategies and policies to prevent and address it.

2.1.1.Scope of Existing Definitions

In the past, commentators defined homelessness as featuring a lack of a right or access to secure and minimally adequate housing, variously described as:“rooflessness (living rough), houselessness (relying on emergency accommodation or long-term institutions), or inadequate housing (including insecure accommodation, intolerable housing conditions or involuntary sharing)”.4 In Sweden:5 “A homeless person is a person, who has no personal

1 OHCHR and UN HABITAT, Fact Sheet No. 21/Rev.1, November 2009, p. 222 Dr A. G. Tipple and Suzanne Speak, The Nature and Extent of Homelessness

in Developing Countries, Global Urban Research Unit (GURU), University of Newcastle upon Tyne, DFID Project No. R7905, 2003

3 For example, in India, the Bombay Prevention of Begging Act, is used to clear the streets of homeless people when important events are to take place.

4 Edgar, B., Doherty, J., and Mina-Coull A., Services for homeless people, Innovation and change in the European Union, The Policy Press, JCSHR, FEANTSA, 1999, p. 2

5 Anneli Kährik, Ene-Margit Tiit, Jüri Kõre and Sampo Ruoppila, Access to Housing for Vulnerable Groups in Estonia, PRAXIS Working Paper No 10/2003,


of 57



or rented housing or permanent accommodation and who has been directed to temporary alternative housing or spends nights outdoors.” Others distinguish between relative and absolute homelessness.6 Absolute homelessness occurs when there is neither access to shelter nor the elements of home. A person may be in relative homelessness; that is, they may have a shelter but not a home. The notion of a home, however, is determined also by cultural conditions. Broader definitions incorporate the concept of social exclusion as a major component of the concept of homelessness suggesting that:

“Homelessness is a condition of detachment from society characterized by the absence or attenuation of the affiliative bonds that link settled persons to a network of interconnected social structures”7.

There is a wide recognition in Europe that homelessness, as a component of social exclusion, needs to be seen as more than an absence of shelter.8 Homelessness should be seen as a relational rather than an absolute concept.9 In this sense, homelessness has two principal meanings:10 “… on the one hand lack of space – a shelter – and on the other hand the absence of social relations or ties which in turn would reveal situations of social exclusion or marginalization.”

The ‘narrow’ definitions of homelessness have evolved through time in response to changes in the conceptual and methodological framework. During the 1960s, the trend was to approach the issue from the perspective of how ‘the homeless’ behaved especially in terms of their lack of primary relationships. A typical example is found in the following definition of ‘homeless households’ latter adopted by the UN for statistical purposes:11

“households without a shelter that would fall within the scope of living quarters. They carry their few possessions with them

August 2003, pp. 40-416 United Nations Centre for Human Settlements (Habitat), Strategies to combat

homelessness, Nairobi, 2000, pp. 15-177 Caplow and others, 1968, p. 4948 Edgar, B., Doherty, J., and Mina-Coull A., Services for homeless people,

Innovation and change in the European Union, The Policy Press, JCSHR, FEANTSA, 1999, p. 54


10 Tosi, 1997 (Referred to in: Edgar, B., Doherty, J., and Mina-Coull A., Services for homeless people, Innovation and change in the European Union, The Policy Press, JCSHR, FEANTSA, 1999, pp. 2-3

11 Principles and Recommendations for Population and Housing Censuses, United Nations publication, Sales No. 07.XVII.8 P), 1998, para 1.328


of 57



sleeping in the streets, in door ways or on piers, or in any other space, on a more or less random basis.”

In the next decade, emphasis shifted towards a subjective perspective stressing the self-identification of homelessness based on how people felt about their living arrangements. If they consider their situation to be unsatisfactory because of poor conditions, over-crowding and lack of security, they could consider themselves homeless. The 1990s, on the other hand, saw the dominance of quantifiable definition in the form of scientific statistics that could inform policy formulation. Homeless people were defined as those who were without conventional shelter and in emergency or short-term accommodation, i.e. people to be targeted with policy interventions.

These theoretical definitions share one core component, the lack of conventional shelter or ‘houselessness’. Legal definitions in some countries have widened the definition to include people sleeping in institutions meant for those without any form of shelter. This is the case for definitions used in the United States of America, India and France (UNCHS, 1999c). For example, in the United States of America, the Stewart B. McKinney Homeless Assistance Act of 1987, defined ‘homeless’ to mean:

“(1) An individual who lacks a fixed, regular, and adequate night-time residence; and, (2) An individual who has a primary night-time residence that is: A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelter, and transitional housing for the mentally ill); An institution that provides a temporary residence for individuals intended to be institutionalized; or A public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings. (3) This term does not include any individual imprisoned or otherwise detained under an Act of Congress or a state law. People who are at imminent risk of losing their housing, because they are being evicted from private dwelling units or are being discharged from institutions and have nowhere else to go, are usually considered to be homeless for program eligibility purposes” .

The Census of India uses the notion of ‘houseless population’, defined as the persons who are not living in ‘census houses’, meaning ‘a structure with roof’. In short, the narrow definition of homelessness equates two groups: those who would be sleeping rough or in a public shelter. Their situation, which corresponds to a narrow or literal definition of homelessness, also implies the absence of community and family ties, privacy, security, and the lack of shelter against the elements.


of 57



Wider definitions of homelessness go beyond the narrow definition of ‘rooflessness’, embracing only those sleeping rough, to one including risk and causality.12 According to one such definition:

“Homelessness is the absence of a personal, permanent, adequate dwelling. Homeless people are those who are unable to access a personal, permanent, adequate dwelling or to maintain such a dwelling due to financial constraints and other social barriers…”13.

More wide-ranging interpretations of homelessness include those living in ‘intolerable housing conditions’14 which would include overcrowded, insecure or substandard accommodation, those forced into involuntary sharing, or those subjected to high levels of noise pollution or infestation. Some definitions developed from a Western European perspective go even further, including those without permanent or adequate dwellings.15

A theoretical definition of homelessness could be said to be an essential condition of recognition of and policy towards homelessness with regard to both quantity and quality. However, the meaning of homeless is fluid and elusive, changing over time and between places. Wide ranges of official and non-official conceptualizations of homelessness are used around the world, usually related to national legislation and policy legacies.

The Special Rapporteur on adequate housing has noted that narrow definitions are inadequate and that in developing countries the most common definitions recognize that an element of social exclusion is part of the experience of the homeless. UN-Habitat underlines in this respect that homelessness implies belonging nowhere rather than simply having nowhere to sleep.

2.1.2.Coverage of Existing Definitions

Definitions of ‘homelessness’ also differ in terms of their coverage or the dwelling circumstances that may be classified as homelessness. The following are the different circumstances which have been classified as homelessness.16

12 Edgar, B., Doherty, J., and Mina-Coull A., Services for homeless people, Innovation and change in the European Union, The Policy Press, JCSHR, FEANTSA, 1999

13 United Nations Centre for Human Settlements (Habitat), Strategies to combat homelessness, Nairobi, 2000, pp. 18-19 (Avramov, 1996, p. 71, cited in FEANTSA, 1999, p. 10)

14 Watchman and Robson, “Homelessness and the law in Britain”, mimeo, Glasgow, Planning Exchange, 1989

15 Avramov, D., Homelessness in the European Union, Brussels, FEANTSA, 199516 United Nations Centre for Human Settlements (Habitat), Strategies to combat

homelessness, Nairobi, 2000, pp. 19-25Ghetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



Table 1: Categories of the HomelessRough sleepers People actually living on the street carrying their few

possessions with them; often lacking legal identity for lack of official documentation

Pavement dwellers Two main categories may be identified: those who have chosen the street as their place of abode for economic or other reasons;17 and those who are reluctant but have nowhere else to live

Occupants of shelters

This category includes those who report to shelters for homeless persons with or without extra-accommodation services on a regular basis

Occupants of institutions

Inmates of prisons and long stay hospitals who are about to be released18

Occupants of unserviced housing

Households, typically in developing countries, occupy housing lacking access to safe water and adequate sanitation19

Occupants of poorly constructed or insecure housing

In many high-income industrial countries, poor construction of the home is regarded as a reason for declaring the occupants homeless20 (vulnerable sites, precarious tenancy)

Sharers In European literature, this includes people who would be described as ‘doubling-up’; they are sleeping on a friend’s floor or are staying with parents when they really want to ‘leave the nest.’

Occupants of housing of unsuitable cost

Households who can no longer afford what was a manageable housing cost due to emergent causes such as loss of income, death of income earner, and increasing rents.

Occupants of mobile homes

In some high-income industrial countries,21 long term occupation of mobile homes, caravans, barges, and motor vehicles is regarded as inadequate (especially if not by choice or where restrictions apply to location or travel).

The first two categories, i.e. rough sleepers and pavement dwellers, are covered in the narrowest of definitions of homelessness while the third (occupants of shelters) are the same persons identified from the perspective

17 They may choose to live here rather than more peripheral (affordable) housing because their living is made close to the centre of the cities.

18 In some cases, refugees and asylum seekers are housed in institutions, as they have no local home.

19 According to UNICEF (1999) data, some 13% of the urban population in developing countries lack access to safe water and some 25 access to adequate sanitation facilities, i.e. there were some 253 million urban residents who do not have access to safe drinking water and 486 million who do not have adequate sanitation.

20 In developing countries, so many households endure poorly constructed dwellings falling short of building regulations that they are unlikely all to be regarded as homeless. According to UNCHS (1999a), more than a quarter of housing in developing countries (and 40% in Sub-Saharan Africa) is built in nonpermanent materials, while more than one third of housing in developing countries (and more than half in Sub-Saharan Africa) does not comply with local regulations.

21 The rarity of mobile homes in developing countries is probably sufficient to reduce the numbers there in this category to virtually zero.


of 57



of accessing service. Inclusion of the other categories varies depending on the specific context and purpose of the definition. Generally speaking, definitions used in developing countries are limited in their coverage to the first two while broader coverage is observed in the context of developed countries. Within the same context, statutory definitions giving rise to entitlements use narrower definitions than policy documents or definitions used by non-government actors. Other categorizations profiling the homeless according to specific factors such as age, gender or health status are also common. A case in point is the treatment of street children,22 women and the mentally ill as a separate category of homeless persons.

2.1.3.Typologies of Homelessness

One approach is to provide for a general definition of homelessness and identifying more specific categories or levels of homelessness. For instance, Australian federal law defines homelessness as ‘inadequate access to safe and secure housing’.23 This exists where the only housing to which a person has access: is likely to damage the person’s health; threatens the person’s safety; marginalises the person by failing to provide access to adequate personal amenities or the normal economic and social support of a home; or, places the person in circumstances that threaten or adversely affect the adequacy, safety, security and affordability of that housing.24 Within this general legal definition, the Australian Bureau of Statistics (ABS) has identified several categories of homelessness in Australian society in relation to minimum community standards regarding housing and highlighting that homelessness affects people in different ways, depending on their personal situation and needs. These are:

Primary homelessness: For some people, being homeless means being ‘roofless’ – living on the streets, in parks or in deserted buildings. This is known as primary homelessness and is the most visible kind of homelessness.25

Secondary or tertiary homelessness: For other people, being homeless means moving between various types of temporary shelters, such as the homes of friends and relatives, refuges and hostels; or living in boarding houses on a long-term basis, with shared amenities and

22 Many children in the streets go home at night; others have no home in which they are welcome and live a life dissociated from adult supervision and care. The reference may be to both or the latter depending on context and purpose.

23 Supported Accommodation Assistance Act 1994 (Cth), s 4(1).24 Supported Accommodation Assistance Act 1994 (Cth), s 4(2)25 Australian Bureau of Statistics (ABS), Counting the Homeless 2001, 2003,

p12, available at http://www.ausstats.abs.gov.au/ausstats/free.nsf/0/5AD852F13620FFDCCA256DE2007D81FE/$File/20500_2001.pdf


of 57


http://www.ausstats.abs.gov.au/ausstats/free.nsf/0/5AD852F13620FFDCCA256DE2007D81FE/$File/20500_2001.pdf

http://www.ausstats.abs.gov.au/ausstats/free.nsf/0/5AD852F13620FFDCCA256DE2007D81FE/$File/20500_2001.pdf


without security of tenure.26 The ABS categorises this as secondary or tertiary homelessness.

People who are ‘marginally housed’: These people are living close to the minimum community standard of housing, such as a family staying with relatives on a long-term basis or a couple renting a caravan without security of tenure.27 While not strictly within the current definition of people who are homeless, there is debate as to whether their experience of inadequate housing means they should be included in the group of homeless persons.28

Typologies of homelessness developed in recent decades range from ‘the homeless continuum’29 to classifications based on quality, risk or potential, time and responsibilities for taking alleviating action.30 There are a large number of typologies of homelessness that are based on key elements of housing ‘adequacy’.31 However, most quality oriented categorizations come up with a three or four category system distinguishing between levels of homelessness in terms of severity of living conditions. The following typology is representative of quality-based categorizations:

Table 2: Quality-Based Categories of HomelessnessDegree of homelessness

Characteristics

Absolute homelessness

People without an acceptable roof over their heads, living on the streets, under bridges and deserted buildings

First degree relative homelessness

People moving between various forms of temporary or medium term shelter such as refuges, boarding houses, hostels or friends

Second degree relative homelessness

People constrained to live permanently in single rooms in private boarding houses

Third degree relative homelessness32

Housed but without conditions of ‘home’, e.g., security, safety, or inadequate standards

26 ABS, Counting the Homeless 2001, 2003, p. 1227 ABS, Counting the Homeless 2001, 2003, pp. 12-1328 ABS, Counting the Homeless 2001, 2003, p. 1329 These are a group of typologies describing states between satisfactory and

secure forms of housing on one end and sleeping rough at the other.30 United Nations Centre for Human Settlements (Habitat), Strategies to combat

homelessness, Nairobi, 2000, pp. 26-3131 For instance, based on a study of homelessness in Europe, FEANTSA proposes

a quality-oriented definition of homelessness beginning with a four-fold sub-division of housing adequacy defined by high/low quality and high/low security, all except the high quality and high security subdivision falling within the definition of homelessness.

32 Also referred to as inadequate housing or incipient homelessnessGhetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



Source: UN HABITAT, 200033

Typologies based on potential or risk of homelessness generally incorporate the homeless as well as those about to become homeless mainly with a view to informing preventive as well as curative intervention. In Austria, the definition of homelessness (referred to as ‘houselessness’) distinguishes among three groups of homeless people: acute, imminent or potential.34 The first category includes people living on the street, squatting in public spaces not designed for residence, staying with friends or relatives because of inadequate housing of their own, and living in housing that is an acute health hazard.35 ‘Imminent houselessness’ concerns those who are threatened with the loss of their current abode, who are incapable of keeping it, or who cannot provide a replacement for themselves. Finally, ‘potential houselessness’ includes those where the housing loss is not imminent but may be approaching because of inadequate housing or income. More elaborate typologies based on potential or risk informed by studies in developed countries similarly incorporate people who are, or are potentially, homeless. One such study based on work in the UK, the US and Canada, have suggested a different five point classification based on the risks faced by people who are already homeless and the type of assistance they would need.36 Where categories of potentially or actually homeless people are neither counted nor considered, they are sometimes called the hidden homeless.

Other important typologies of the homeless include those based on time and responsibility for intervention. Time-based typologies, which are mostly employed by those interested in and drawing data from the provision of services to the homeless, group the homeless based on how long they have been homeless. One such typology distinguishes between transitionally homeless, episodically homeless, and chronically homeless.37 Another time-based typology also incorporates the reactions of the ‘already homeless’ to their situation.38 The purpose of these typologies is to identify and target each category with the most relevant interventions customized to their needs. Finally, some definitions focus on entitlement to or the responsibility for assistance. These typologies, which are often defined by law, tend to define homelessness at three levels: general principle, exclusions and priority

33 UN HABITAT, Selected Strategies to Combat Homelessness, 2000 (Quoting Cooper, 1995)

34 These categories are similar to those used in a Canadian study: literally homeless; moving in and out of homelessness; and marginally housed and at risk of homelessness (Peressini and others, 1995).

35 BAWO, 1999; cited in UNCHS 1999c36 UN HABITAT, 2000: Quoting Daly, 199637 Kuhn, R. and Culhane, D.P., Applying cluster analysis to test a typology of

homelessness by pattern of shelter utilisation, American Journal of Community Psychology, Vol. 26, No. 2, 1998, pp. 207-32

38 Hertzberg, E. L., The homeless in the United States: conditions, typology and interventions, International Social Work, Vol. 35, 1992, pp. 149-61


of 57



groups. For instance, the statutory definition of homelessness in the UK states that:39 a person or household is homeless if they have no accommodation in England, Wales or Scotland, or have no accommodation that they are legally entitled to occupy; excludes those who have become homeless ‘intentionally’, or lacking local connection, or falling outside any of the priority-need groups40.

2.1.4.Working Definition

The definition of ‘homelessness’ in the context of Ethiopia has to be narrow in scope, limited in its coverage, and use a typology based on risk or potential as described in the preceding sections. The nature of the contextual definition draws from the need to identify and address the situation of those most affected by homelessness and most vulnerable to its impacts. Recognizing that the ‘homeless’ are a diverse group with a range of shared and specific needs, interventions targeting them need to be diverse in their objectives, strategies and actors. It is thus necessary that one identifies a narrower group with more shared than diverse needs to design and implement a relevant and effective intervention. The prioritization of these categories of ‘homeless’ is not only more pragmatic in terms of efficiency in utilizing limited available resources, but also in line with good practice in addressing gaps and violations in the realization of human rights.

The theoretical definitions described above distinguish between three conceptions with progressively broadening scope.41 It would thus be appropriate to examine each in defining the conception appropriate for our working definition.

1) The narrowest conception, referred to as ‘rooflessness’ designates the absence of any form of shelter as understood in the socio-economic context. A roofless person or household lives on the street, either sleeping rough or in makeshift structures. In the Ethiopian context, the reference would be to individuals and households living and sleeping in the open, in structures such as bus stations and doorsteps of shops, or in enclosures made from flimsy materials such as plastic sheeting on fences and other structures. These are the ‘homeless’ in the strictest sense of the term since they are affected directly by the most severe effects of homelessness and should be the core reference group in our working definition.

39 Neale, J., ”Homelessness and theory reconsidered”, Housing Studies, Vol. 12, No. 1, 1997, pp. 47-61

40 Groups defined as being in ‘priority need’ are: households containing dependent children or a pregnant woman; people who are vulnerable in some way (due to age or physical or mental disability, etc.); or, people made homeless by an emergency such as a fire or flood



of 57



2) The second level is ‘houselessness’ referring to situations where the individual or household in question does have a roof over its head but does not have a ‘home’ as understood in the local context. It may, for instance, be the case that one is living in an emergency accommodations or a homeless shelter. In the Ethiopian context, a person living in a charitable shelter, rooms within church grounds, or displacement camp would be a typical example. This group of individuals or households may be considered homeless people whose immediate needs have been addressed at least on a temporary basis. While our definition of homelessness should take into account the transitory nature of their status, our concern with this group should be peripheral since they are not being directly and immediately affected by homelessness.

3) The broadest level of conceptualization refers to ‘inadequate housing’ that does not satisfy the minimum conditions required to qualify as a ‘home’. Though the adequacy of housing is understood mainly in terms of quality and security issues, this conception is generally premised on standards defined by law presumably in line with the substantive content of the right to adequate housing. In the Ethiopian context, this category would include a significant percentage of the urban population living in dilapidated housing and informal settlements. The inclusion of these groups in our definition of homelessness would detract from the concerns of our intended focal group since the issues involved are distinctly different for the two groups. It may, however, be appropriate to take into account the potential role of insecure or low quality housing as a cause for the narrower conceptions of homelessness in designing preventive interventions.

In relation to typology, our conception of ‘homelessness’ requires that we use a simpler categorization that distinguishes between our focal group and the peripheral groups we are interested in. These are:

People living in the street (i.e. rough sleepers and pavement dwellers);

People living in makeshift shelters which do not qualify as a dwelling;

People living in temporary accommodation; and,

People living in low quality or insecure housing.

The first two categories could be considered ‘street dwellers’ and form the focal group for interventions on account of facing the most serious conditions pertaining to or arising from homelessness. Furthermore, one may consider distinctions within these focal categories to identify those most vulnerable to the negative effects of homelessness such as young children, girls, mothers with infants, the elderly, and persons with disabilities.


of 57



In conclusion, the definition of ‘homelessness’ in the context of Ethiopia has to be narrow in scope focusing on ‘rooflessness’, limited in its coverage to people living in the street in urban centers, and use a typology identifying focal and peripheral groups based on current and potential vulnerability to the impacts of homelessness.

2.2. Causes of Homelessness

Theoretically, the causes of homelessness could be analyzed from economic, social and/or political perspectives with corresponding solutions.42 From an economic point of view homelessness arises from failure of economic systems in producing and allocating housing resources, a problem calling for changes in economic policy. A social analysis, on the other hand, attributes the problem to malfunctioning social relations at the household level and suggests interventions such as family support, child protection, family mediation and the prevention of domestic violence. Finally, political analysis would point to unresponsiveness of political institutions to vulnerable social sections leading to failure to achieve equitable distribution of housing that could only be solved by influencing the political process, including economic and social decision-making.

In practice, the causes are more complex involving economic, social and political factors manifested differently in different contexts as well as across and within social groups. The two fundamental causes of homelessness in developing countries are poverty, especially rural poverty, and the failure of the housing supply system. In many developing countries rural poverty has driven large numbers of people, usually young single men, to seek employment and economic opportunities in cities. Once in the cities they are employed in low paying jobs in the absence of affordable accommodation. Since these rural migrants are expected to send money back to the family, they often prefer living on the street rather than spend money on expensive urban accommodation. However, poverty and housing shortages alone do not necessarily lead to homelessness. Other factors such as natural disasters, rapid urbanization and eviction are important causes of homelessness in many countries.

There are also strong social causes for homelessness in developing countries mainly affecting women and children. These social causes of homelessness include: marital breakdown or bereavement; domestic violence; deterioration of traditional extended families; and, HTPs such as early marriage. Despite legislation protecting women’s rights, cultural attitudes in developing countries often sustain social rules undermining the marital, property and other rights of women. This forces many women onto the streets, and sometimes into prostitution. Homeless women and children are also often victims of family breakdown or are escaping family violence.

42 United Nations Centre for Human Settlements (Habitat), Strategies to Combat Homelessness, Nairobi, 2000 (http://www.unchs.org)


of 57


http://www.unchs.org/


2.3. Homelessness and Human Rights

International human rights law recognises that every person has the right to an adequate standard of living. This right includes the right to adequate housing.43 The right to housing is more than simply a right to shelter. It is a right to have somewhere to live that is adequate. Whether housing is adequate depends on a range of factors including: legal security of tenure; availability of services, materials, facilities and infrastructure; affordability; accessibility; habitability; location; cultural adequacy.44 Homelessness involves the absence of housing, adequate or otherwise. It thus represents the most obvious and severe manifestation of failure to realize the human right to adequate housing. (UNCHS, 1999d: paragraph 30)

Homelessness also impacts on the exercise of a wide range of basic human rights by the homeless. Some of these rights and the impacts of homelessness on their exercise are briefly described below.

The Right to Health: Every person has the right to enjoy the highest possible standard of health.45 However, homelessness may result in serious and persistent violations of this fundamental human right in three ways.46 First, poor physical or mental health can reduce a person’s ability to find employment or earn an adequate income thereby increasing vulnerability to homelessness.47 Second, homelessness increases vulnerability to health problems including depression, poor nutrition, substance abuse and mental health problems leading to significantly higher rates of death, disability and chronic illness among homeless persons.48 Third, homelessness exacerbates and complicates the treatment of many health problems since homeless people have significantly less access to health services.49

43 ICESCR, article 11; CRC, article 27; CERD, article 5(e); CEDAW, article 14(2); UDHR, article 25

44 ICESCR, General Comment 4: The right to adequate housing, [8].45 ICESCR article 12; CRC article 24; CEDAW articles 12, 14(2).46 US Institute of Medicine, Homelessness, Health and Human Needs, 1988,

National Academy of Press, Washington, p39.47 Parliament of Australia Senate, Community Affairs References Committee, A

Hand Up Not a Hand Out: Renewing the Fight Against Poverty, 2004, p173.48 E. Harris, P. Sainsbury and D. Nutbeam (eds), Perspectives on Health

Inequity. Australian Centre for Health Promotion, University of Sydney, Sydney, 1999; A. Lucy, ‘South Eastern Sydney Area Health Service Homelessness Health Strategic Plan 2004-09’ in Parity, vol 17, no 8, 2004, pp6, 7.

49 E. Harris, P. Sainsbury and D. Nutbeam (eds), Perspectives on Health Inequity, Australian Centre for Health Promotion, University of Sydney, Sydney, 1999.


of 57



Right to Physical Safety: Every person has the right to liberty and security of the person.50 The physical safety of a person who is homeless is often under constant threat. Lacking a safe living environment, homeless people are more vulnerable to crime and personal attacks. Children and young people are particularly vulnerable to attacks on their personal safety and human rights law recognizes their right to special protection from sexual and other abuse.51 Women who are homeless are also at greater risk of violence and sexual abuse and are often forced into harmful situations and relationships out of need. It is vital that people experiencing homelessness are provided with adequate support to protect them from violations of their right to personal safety.

Right to Privacy: Everyone has the right to protection against arbitrary or unlawful interference with their privacy.52 Homelessness tends to undermine enjoyment of this right. Some people experiencing homelessness may be forced to carry out their personal activities in public, activities that most people are able to do in the privacy of their own homes. Even where support is available, people living in homeless shelters or boarding houses may be required to share facilities with others, which may also threaten their right to privacy.

Right to Education: Education is a basic human right and the Government must take steps to ensure that primary education and vocational education is accessible by every child.53 For homeless people, lack of legal identity, financial difficulty and insecure housing conditions make it hard to access education and training facilities. For homeless children and young people who manage to be in school, it is often an experience of marginalization. In fact, school leaving has been shown to be a key risk indicator of homelessness.54

Right to work: The right to work includes the right of every person to have the opportunity to gain a living by work that they have freely chosen or accepted.55 Homeless people face many barriers to gaining and maintaining employment. Many homeless people lack basic education and skills training, due to disrupted or incomplete schooling. They may also lack community and family connections that can assist in finding employment and providing advice on work-related issues. Lack of knowledge about employment rights and lack of bargaining

50 ICCPR, article 9(1)51 CRC, article 3452 ICCPR, article 17, CRC, article 16.53 ICESCR, article 13; CRC, article 28; CEDAW, articles 11, 14(2); CERD, article

5(e)54 P. Lynch, ‘Human Rights and the Supported Accommodation Assistance

Program (SAAP)’ in Parity, vol 17, no 1, 2004, p 2355 ICCPR, article 6; CERD, article 5(e)Ghetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



power make homeless people particularly vulnerable to exploitation and discrimination at work.

Right to non-discrimination: The right to be treated equally by the law and to be free from discrimination is a fundamental human right.56

A number of countries have recognized ‘homelessness’ as a ‘social status’, ‘housing status’ or ‘employment status’ within the prohibition on discrimination.57 People experiencing homelessness face persistent stigmatization and discrimination in a range of different contexts. Some of the situations in which discrimination arises have already been discussed, including access to health care, access to education and employment. Discrimination against homeless people also occurs in situations where certain laws operate in a manner that disadvantages homeless people, compared to other people in society. Such laws include rules governing eligibility for social security and voting and laws that criminalize the doing of certain activities in public space.

Right to social security: The human right to social security imposes an obligation on the government to provide welfare necessary for subsistence to people who are unable to support themselves.58 At the outset, in order to establish entitlement to benefits, a person must satisfy strict proof of identity requirements, which disproportionately burdens homeless people who often do not have, and cannot afford to obtain official documentation that proves their identity.

Other important rights the homeless are unable to exercise include the right to vote,59 the right to freedom of expression,60 and the right to freedom from cruel, inhuman or degrading treatment or punishment.61

56 ICCPR article 26; CERD article 5(d); CEDAW, article 257 See for example, Homeless Persons’ Legal Clinic, Promoting Equality:

Homeless Persons and Discrimination, Submission regarding Discrimination on the Ground of Social Status and the Equal Opportunity Act 1995 (Vic), 2002, pp21-31

58 ICESCR, article 9; CRC, article 26; CEDAW, articles 10, 14(2); CERD, article 5(e)

59 ICCPR, article 25; CEDAW, article 7; CERD, article 5(d)60 ICCPR, article 19(2); CERD, article 5(d)61 ICCPR, article 7; CRC, article 37Ghetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



3. The Right to Adequate Housing

This section provides information on the recognition of the right to adequate housing in international and regional human rights instruments, the substance and components of the right to adequate housing as well as measures of implementation to be taken at the national level. It is meant to provide a framework for the presentation and analysis of the national policy, legislative and programmatic measures towards the realization of the right in Ethiopia.

3.1. The Basis for the Right

3.1.1.International Standards

The right to adequate housing is founded and recognized under international law. Enunciated under article 25(1) of the Universal Declaration of Human Rights, the right to adequate housing has been codified in other major international human rights treaties.

Everyone has the right to a standard of living adequate for the health and well being of himself and his family, including food, clothing, housing and medical care and necessary social services and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (Universal Declaration of Human Rights, Article 25(1))

Article 11(1) of the ICESCR provides that "States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate . . . housing, and to the continuous improvement of living conditions." Moreover, the CESCR has issued two General Comments, General Comments 4 and 7, clarifying the scope and meaning of the right to housing as enshrined in the Covenant.

Similar provisions on the right to adequate housing are contained in the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of Discrimination Against Women, the Convention on the Rights of the Child, the International Convention on the Suppression and Punishment of the Crime of Apartheid, and the International Convention Relating to the Status of Refugees.

Several non-binding declarations, resolutions and recommendations by the UN and its specialized agencies related to housing as a human right. These include:


of 57



Declaration on Social Progress and Development (1969), part II, art. 10

Declaration on the Rights of Disabled Persons (1975), art. 9

Vancouver Declaration on Human Settlements (1976), section III (8)

International Labour Organization (ILO) Recommendation No. 115 (1961), principle 2

ILO Recommendation No. 62 Concerning Older Workers (1980), art. 5(g)

Declaration on the Right to Development (1986), art. 8(1)

United Nations Sub-Commission on the Prevention of Discrimination and Protection of Minorities resolution 1994/8 on "Children and the Right to Adequate Housing" adopted 23 August 23 1994

United Nations Commission on Human Rights resolution 1993/77 on "Forced Evictions," adopted on 10 March 1993

United Nations Commission on Human Settlements resolution 14/6 on "The Human Right to Adequate Housing," adopted 5 May 1993

United Nations General Assembly resolution 42/146 on the "Realization of the Right to Adequate Housing," adopted 7 December 1987, which "reiterates the need to take, at the national and international levels, measures to promote the right of all persons to an adequate standard of living for themselves and their families, including adequate housing, and calls upon all States and international organizations concerned to pay special attention to the realization of the right to adequate housing in carrying out measures to develop national shelter strategies and settlement improvement programmes within the framework of the Global Strategy for Shelter to the Year 2000."

3.1.2.Regional Standards

Several regional human rights instruments also guarantee to every individual the right to adequate housing. Under the Charter of the Organization of American States (OAS), article 31(k), "Member States agree to dedicate every effort to achieve . . . adequate housing for all sectors of the population." The European Social Charter, the European Convention on Human Rights and Fundamental Freedoms, the European Convention on the Legal Status of Migrant Workers, the Resolution on Shelter for the Homeless in the European Community, and the Final Act of Helsinki all contain express provisions and references to the right to adequate housing.

The African Charter on Human and Peoples’ Rights makes no specific mention of the right to adequate housing. However, other provisions such as the right


of 57



to life (art. 4) and the right to physical and mental health (art. 16) arguably provide a basis for the assertion of the right to housing. However, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2000) (article 16) explicitly describes women’s right to equal access to housing and acceptable living conditions.

3.2. Substance of the Right

The substance of the right to adequate housing is drawn from Article 11 (1) of the ICESCR. Moreover, the CESCR in its sixth session, in 1991, has adopted a detailed General Comment on article 11(1) of the Covenant dealing with the right to adequate housing.62 The following sections are developed on the basis of this Comment (the full text has been annexed).

3.2.1.Meaning of ‘adequate’ housing

The key term in the understanding of the right to housing in the meaning of article 11(1) is adequacy (paragraph 7). While acknowledging that social, economic, cultural, climatic, ecological and other factors, in part, determine adequacy, the CESCR identified the essential components of adequacy (paragraph 8). These are:

Legal security of tenure. Security of tenure means that all people in any living arrangement possess a degree of security against forced eviction, harassment, or other threats. States are obliged to confer this security legally.

Availability of services, materials, facilities and infrastructure. To ensure the health, security, comfort, and nutrition of its occupants, an adequate house should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services.

Affordability. Affordable housing is housing for which the associated financial costs are at a level that does not threaten other basic needs. States should take steps to ensure that housing costs are proportionate to overall income levels, establish subsidies for those unable to acquire affordable housing, and protect tenants against unreasonable rent levels or increases. In societies where housing is built chiefly out of natural materials, states should help ensure the availability of those materials.

62 CESCR, General Comment 4, The right to adequate housing (Art. 11, para. 1 of the Covenant) (Sixth session, 1991), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI/GEN/1/Rev.1 at 53 (1994).


of 57



Habitability. Habitable housing provides the occupants with adequate space, physical security, shelter from weather, and protection from threats to health like structural hazards and disease.

Accessibility. Adequate housing must be accessible to those entitled to it. This includes all disadvantaged groups of society, who may have special housing needs that require extra consideration.

Location. The location of adequate housing, whether urban or rural, must permit access to employment opportunities, health care, schools, child care and other social facilities. To protect the right to health of the occupants, housing must also be separated from polluted sites or pollution sources.

Cultural adequacy. The way housing is built, the materials used, and the policies supporting these must facilitate cultural expression and housing diversity. The development and modernization of housing in general should maintain the cultural dimensions of housing while still ensuring modern technological facilities, among other things (paragraph 8).

This is also highlighted by other sources such as the Commission on Human Settlements' Global Strategy for Shelter to the Year 2000 (1998) which provides a definition of adequacy referring to "... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost."

3.2.2.Holders of the right

The CESCR has stated categorically that the right to adequate housing applies to everyone by clarifying that the term "himself and his family" in the wording of the provision does not impose "any limitations upon the applicability of the right to individuals or to female headed households or other such groups. Thus, not only is the concept of ‘family’ to be understood in a wide sense, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status and other such factors. The issue of non-discrimination has especially been given attention by the Committee (paragraph 6). On the other hand, the Committee has stressed the need to give priority to social groups living in unfavorable conditions, and noted that policies and laws should not benefit already advantaged social groups at the expense of others.

3.2.3.Interrelationship with other rights

The CESCR in its General Comment has noted that the right to adequate housing is to be defined as constituting “the right not to be subjected to arbitrary or unlawful interference with one’s privacy, family, home or correspondence " and cannot be realized without "the full enjoyment of other


of 57



rights” (paragraph 9). The ‘other rights’ referred to in the CESCR's General Comment 4 are rights without the enjoyment of which the fulfillment of the right to housing is threatened or impossible. They include: the principle of non-discrimination; freedom of expression; freedom of association; freedom of residence (and the right to freedom of movement); the right to participate in public decision-making; and, the right to security of person (in the case of forced or arbitrary evictions or other forms of harassment).

In addition, the right to housing provides a foundation that increases the likelihood of the achievement of other human rights. These include: the right to family; the right to participate in government; the right to work; the right to rest and leisure; the right to food and water; the right to the highest attainable level of physical and mental health; the right to education; and, the right to participate in the cultural life of the community.

Recent developments in the body of international human rights law reaffirm that the right to adequate housing is guaranteed to traditionally disenfranchised members of society, including women, internally displaced persons, and refugees. In August 1998, the Sub-Commission on the Prevention of Discrimination and Protection of Minorities urged governments, in view of the fact that "women’s experiences of poverty are particularly severe and prohibit women from escaping the poverty trap," to "review their laws, policies, customs and traditions pertaining to land, property and housing rights, [and] to amend and repeal laws and policies . . . which deny women security of tenure and equal access and rights to land, property and housing."63 The sub-commission has also recognized the right of refugees and internally displaced persons to the free and fair exercise of their "right to return to [their] home and place of habitual place of residence," while stating that "the right to adequate housing includes the right of protection for returning refugees and internally displaced persons against being compelled to return to their homes and places of habitual residence."64

3.3. Implementation of the Right

When a State ratifies any binding international agreement it takes on obligations under international law to implement it. Generally, the basic obligations of States Parties to an international instrument relate to three mutually supporting obligations: obligation to respect, obligation to protect and obligation to fulfill. However, most agreements complement this international law framework on the obligations of states by incorporating specific provisions on measures of implementation.

3.3.1.Obligations of States

State obligations vis-à-vis the right to adequate housing are frequently misunderstood. They do not mean that the state is required to build housing

63 SC Res. 1998/15, UN Doc. E/CN.4/Sub.2/RES/1998/15 (21 Aug. 1998)64 SC Res. 1998/26, UN Doc. E/CN.4/Sub.2/RES/1998/26 (26 Aug. 1998)Ghetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



for the entire population, or that housing should be provided free of charge to the populace, or even that this right will manifest itself in the same manner in all places at all times. Rather, recognition of the right to housing by a state means the State:

undertakes to endeavor by all appropriate means to ensure that everyone has access to affordable and acceptable housing;

will take a series of measures which indicate policy and legislative recognition of each of the constituent aspects of the right to housing; and,

will protect and improve houses and neighborhoods rather than damage or destroy them.

The essential elements of the state’s obligation to implement all ESC rights (including the right to adequate housing) are encapsulated under article 2(1) of the ICESCR.

It stated that, regardless of their level of development, states must take certain steps immediately to guarantee the right. One such step is monitoring to ascertain the full extent of homelessness and inadequate housing within its jurisdiction (paragraph 10). Moreover, the CESCR has, while acknowledging that economic crises arising from external factors may have a bearing on the right, has stressed that "the obligations under the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction" (General Comment 4, paragraph 11). It would be inconsistent with obligations under the Covenant if living and housing conditions decline because of policy and legislative decisions taken by states parties. It also identified the adoption of a national housing strategy as an important step.

In addition, article 2(2) of the Covenant prohibits discrimination of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, in the exercise of the rights enunciated in the Covenant. This provision can and should be used as the basis for addressing several institutional, legal and cultural barriers to access of women to land and housing.

A substantial proportion of international assistance should be devoted to creating conditions leading to a higher number of persons being adequately housed. The CESCR also stressed that "international financial institutions promoting measures of structural adjustment should ensure that such measures do not compromise the enjoyment of the right to adequate housing" (paragraph 19).


of 57



3.3.2.Legal Strategies

Housing rights are determinate and justiciable. Direct arguments in support of the right to adequate housing can be founded on legally binding provisions contained in international, regional or national laws. The CESCR has stated that many elements of the right to adequate housing are consistent with domestic legal remedies. It has identified the following areas in which the domestic legal system could play a role in safeguarding the right to housing:

(a) Legal appeals aimed at preventing planned evictions or demolitions through the issuance of court ordered injunctions;

(b) Legal procedures seeking compensation following an illegal eviction;

(c) Complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels dwelling maintenance, and racial or other forms of discrimination;

(d) Allegations of any form of discrimination in the allocation and availability of access to housing; and

(e) Complaints against landlords concerning unhealthy or inadequate housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness.

In addition to seeking enforcement of rights by using standards directly related to the right to housing, cases can be filed using derivative claims. For example, the right to adequate housing may be implied from express guarantees of other rights (e.g., the right to life, privacy of the home, right to family life) that are generally recognized as basic civil and political rights.

3.3.3.Non-legal strategies

Legal strategies should be combined with other strategies to ensure the full realization of the right to housing. Effective guarantees of housing rights require consultation, dialogue, negotiation and compromise rather than coercion, force, repression and exclusion. Support-based strategies that recognize the role of the informal sector in the creation of housing must be developed and implemented. In the final analysis, the full realization of the right to adequate housing would depend on the extent of awareness and action taken for ensuring its enjoyment. Other key strategies for action on the right to adequate housing may include: research; education; monitoring; mobilization; participation (neighborhood networks); negotiation; constituency building; intersectoral collaboration; development of model national housing plans; and budget analysis.


of 57



3.4. Approaches to Homelessness

Although most states do not stipulate a clear right to housing, they do have legislation and national programs related to housing. In fact, UN-Habitat reports that 75% of the world’s countries have constitutions or national laws that promote the full and progressive realization of the right to adequate housing. Legal protections of the right to housing at the national level often involve arbitrary eviction, safety and health regulations, or equal protection and non-discrimination issues.

In many countries housing policy is oriented around securing the affordability of housing, which is an issue for both potential homeowners and renters. According to UN-Habitat’s State of the World’s Cities (2001), households in cities of developing countries need an average of 12.5 times their annual income to buy a house. The highest rents exist in the Middle East, where a household spends an average of 45% of its monthly income on rent. The creation of affordable housing generally involves Governments subsidizing the cost of building new housing, stabilizing rent, or offering loans or credit at a low-interest rate. Eligibility for public or subsidized housing is usually determined by a low income, and demand is especially high in urban areas.

Citizens who feel the satisfaction of their right to housing is in jeopardy may pursue a variety of legal and non-legal strategies to assert their rights. Legal strategies include legal appeals to prevent planned evictions or demolitions through court-ordered injunctions, legal procedures to obtain compensation following an illegal eviction, complaints against illegal actions carried out by landlords in relation to rent levels, maintenance, or discrimination, allegations of discrimination in the allocation or availability of housing, complaints about unhealthy or inadequate housing and class action suits related to significantly increased levels of homelessness.

Most states have programs designed to address the immediate issues of homelessness, although these programs are usually operated on a local level. Homeless shelters and temporary housing provide shelter for those in need as well as other services such as counseling, job training, and advocacy to help people move towards a position from which they can obtain and maintain their own housing. Most governments also have plans and programs for aid to victims of natural disasters who have lost their homes. The following table summarizes the range of often overlapping approaches adopted by States to tackle homelessness. While the reference here is to national responses in the industrialized societies of Europe, some lessons could be drawn and contextualized in the developing nation context.

Table 3: Approaches to HomelessnessDesignation Short Description Elements of the ApproachEvidence-based

A good understanding of the problem of homelessness is key to developing effective

Monitoring and documentation of trends in homelessness and numbers of homeless people, and development of appropriate indicators


of 57



policies Research and analysis on the causes of and solutions to homelessness should complement monitoring and documentation

Regular revision of policies is necessary and most effective with a sound understanding of homelessness.

Comprehensive

includes policies on emergency services and resettlement of people who are homeless, and on the prevention of homelessness

Emergency services are a crucial first step to prevent people from living on the street for long periods

Integration should be the objective for all people who are homeless and should be adapted to the needs and potential or the individual person who is homeless

Prevention – both targeted prevention (evictions, discharges from institutions) and systemic prevention (through general housing, education, and employment policies) are necessary.

Multi-dimensional

Homelessness is acknowledged to be a phenomenon requiring solutions based on multi-dimensional approaches

Integrating housing, health, employment, education and training and other perspectives in a homeless strategy, since the routes in and out of homelessness can be very diverse

Interagency working and general cooperation with other sectors as a vital component of every effective homeless strategy since homelessness cannot be tackled in a sustainable way by the homeless sector only

Interdepartmental working between relevant housing, employment, health and other ministries is crucial for developing effective strategies to tackle homelessness, and to avoid negative repercussions of policies developed in different fields.

Rights-based promotes access to decent, stable housing as the indispensable precondition for the exercise of most of the other fundamental rights

Use of international treaties on housing rights as a basis for developing a homeless strategy

Focus on enforceable right to housing to ensure the effective exercise of the right to housing

Acknowledgement of the interdependence of housing and other rights such as the right to live in dignity, the right to health.

Participatory cooperation with service providers is crucial given their expertise on how to tackle the problem, and

Involvement of all stakeholders (namely service providers, service users and public authorities) in policy development and evaluation is


of 57



entails participation important for pooling all expertise and capacity available aiming to tackling homelessness

Involvement of all stakeholders in implementing policy through a coordinated effort is the best way to achieve the objectives of any homeless strategy

Participation of people experiencing homelessness should be used for the improvement of service quality and policymaking.

Appropriate consultation structures should be created to take real account of the experience of people who are homeless.

Statutory aims to underpin homeless strategies with legislation

A legal framework at national level/regional level, which allows for consistency and accountability in implementation of homeless policies

Statutory aims and objectives serve to effectively monitor and evaluate policy progress.

Sustainable create a genuinely sustainable approach leading to sustainable solutions

Adequate funding is crucial for any long-term strategy to tackle and end homelessness

Political commitment at all levels (national, regional and local)

Public support generated through information and awareness campaigns.

Needs-based policies should be developed according to existing needs of the homeless than structural needs of organisations

The needs of the individual are the starting point for policy development on the basis of regular needs surveys and by means of individualized integration plans

Appropriate revision of homelessness policies and structures is necessary on a regular basis.

Pragmatic Realistic and achievable objectives are necessary and possible

adequate research to understand the nature and scope of homelessness, needs of the homeless, evolution of the housing and labour market and all other related areas

A clear and realistic time schedule with long-term targets as well as intermediate targets.

Bottom-up developing policy responses to homelessness at local level (within a clear national or regional framework)

Importance of local authorities for the implementation of homeless strategies through a shift towards greater involvement, more responsibility and more binding duties at local level

Bringing service delivery closer to


of 57



people who are homeless with local authorities in a strong position to coordinate partnerships between all relevant actors in the fight to end homelessness.

Source: FEANTSA, Ending Homelessness: A Handbook for Policy Makers, 2010

The key lesson here is that the issue of homelessness should be achieved at two mutually supportive levels: measures to realize the right to adequate housing, and measures to address the impacts of homelessness. The first seeks to address the structural needs for housing and social infrastructure for the very poor, to prevent the occurrence of homelessness. The shortage of suitable housing is often the root causes of homelessness among households in developing countries. In many countries, there are just too few dwellings for everyone and this hits poorer households hardest as they miss out in the market. There is, thus, a need for much more housing as the priority. There is usually also a need for more housing of a type that the poorest households can afford. It should be: cheap; built in labour intensive technologies to provide lots of work; situated close to sources of work, and serviced to a minimum level to keep costs down.

The second, on the other hand, involves measures to protect, assist and bring those who are currently homeless back into mainstream society. The logical starting point for interventions targeting the homeless is establishing a system whereby their legal identity could be ascertained. Once this is achieved, one could proceed to protecting their safety and making services accessible to the homeless. The following are some immediately identifiable interventions to this end:65

Decriminalizing street sleeping and other behavior arising out of homelessness;

Establishing and maintaining public water and sanitation points around cities to improve the health of street sleepers;

Making available security ‘lockers’ for their belongings to reduce vulnerability to crime;

Setting up places of safe refuge for abused women and children to reduce rape and sexual abuse; and,

Provision of accessible social, medical and legal support.

Though the importance of shelter of some type is obvious, this need not mean building special accommodation or night shelters. It may be sufficient

65 Dr A. G. Tipple and Suzanne Speak, The Nature and Extent of Homelessness in Developing Countries, Global Urban Research Unit (GURU), University of Newcastle upon Tyne, DFID Project No. R7905, 2003


of 57



initially to help people move just one step up from sleeping rough, for example by providing some bedding, water and sanitation, to make life on the streets safer, more comfortable and more dignified. Where empty buildings are available, legitimizing their use as shelters and centers for the provision of additional support services could be considered.

Interventions to support homeless women and children must begin with work to change the culture of family abuse and violence which is so often the cause of their homelessness. In practical terms, what is needed for many homeless women in developing countries is safe refuge and support to prevent them having to turn to crime, begging or prostitution, or new violent relationships in order to feed their children.

For any such intervention to be successful in supporting homeless people or reducing homelessness there needs to be a culture of care and support. It is vital that all key actors include homeless people in planning and implementing programs aimed at improving their situation. Another important consideration is the involvement of key stakeholders, especially current and potential service providers in decision-making at the policy and legislative levels as well as the design and implementation of national programs led by mandated government institutions. Through NGOs and individuals, policy makers can learn of the priorities of different groups of homeless people and respond in a targeted way to their differing needs for shelter, security and services.


of 57



4. Responses to Homelessness and its Impacts in Ethiopia

4.1. Ratification of International and Regional Human Rights Instruments

Ethiopia is a signatory to the UDHR and has ratified the major international and regional human rights instruments including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the African Charter on Human and peoples’ Rights.

Table 4: Major Human Rights Instruments Ratified by the Government of EthiopiaInstrument Date Ratified

The International Covenant on Economic, Social and Cultural Rights

June 11, 1993

The International Covenant on Civil and Political Rights June 11, 1993International Convention on the Elimination of All Forms of Racial Discrimination

June 23, 1976

Convention against Torture and other Cruel, Inhumane or Degrading Treatment

March 14, 1994

Convention on the Elimination of All Forms of Discrimination against Women

September 10, 1981

Convention on the Rights of the Child May 14, 1991African Charter on Human and Peoples’ Rights June 2, 1998

These instruments set down international standard for the protection and promotion of human rights, including the right to adequate housing. (See previous chapter)

4.2. Constitutional Recognition of the Right to Adequate Housing

The 1995 Constitution of the Federal Republic of Ethiopia has an in-built mechanism of incorporating international laws as it has provisions which makes all international agreements ratified by Ethiopia part of the law of the land. Article 13/2 of the constitution has a specific provision for international human rights instruments such as the UNCRC, UNDHR, ICCPR, and ICESER which also provide standards for the interpretation of the Constitution in matters related to fundamental human rights. Ethiopia is also a party to the ICESCR that contains explicit provision for the right to adequate housing. According to the Constitution this international human rights instrument is part of the law of the land. Hence the rights contained in the Convention constitute the legal framework for the right to housing.


of 57



The Constitution provides for the right to property including immovable property on land. Although the Constitution does not contain an explicit article guaranteeing the right to housing, it contains provisions under which the right is included. The Constitution states that the state has the obligation to allocate increasing resources to give to the public social services including education and health. It is no doubt that the right to housing falls under this open ended provision. Moreover, the Constitution, under the social objectives set to be followed by the government, demands the framing of policies, as far as resources allow, including the provision of access to housing, among other social services, for all.

Article 41(3) states that every Ethiopian national has the right to equal access to publicly funded social services while article 41(4) imposes obligation on the state to allocate its ever increasing resources to provide to the public social services. Similarly, article 41(5) of the Constitution imposes duty on the state, within the available means, to allocate resources to provide assistance to the physically and mentally disabled, the aged and the children who are left without parents or guardians. Further, article 90(1) mentions housing as one of the guiding policy principles. So, under article 41(3) and (4), the publicly funded social services to which all Ethiopian nationals have the right to equal access and which the government is obligated to provide can be interpreted to include housing services. Under article 41(5), the term assistance can be interpreted to include housing provisions if the category of people mentioned are in need of them. Under article 90(1), housing itself is expressly mentioned. Hence, the issue of housing is apparently covered by these provisions.

4.3. Legislative Measures

Ethiopia does not yet have specific legislation dealing with the right to adequate housing. However, there are some laws which have a bearing on the enjoyment of the right to housing. One such legislation is the Condominium Proclamation enacted in 2003.66 This Proclamation was designed ‘to implement other alternatives of urban land use in addition to plot basis urban land use to narrow the imbalance between the demand for and supply of housing’ and the creation of favourable conditions, for private developers and co-operatives, to contribute towards the development of condominium houses for sale or lease.67

The other legislative measure that can be mentioned as having indirect pertinence to the right to housing is the Appropriation of Land for Government works and Payment of Compensation for Property Proclamation (Appropriation Proclamation).68 This Proclamation is designed to improve the

66 Condominium Proclamation, Proclamation No.370/2003, Federal Negarit Gazeta of the Federal Democratic Republic of Ethiopia, 2003

67 Preamble and article 39 of the Condominium Proclamation68 Appropriation of Land for Government works and Payment of Compensation

for Property Proclamation, Proclamation 401/2004, Federal Negarit Gazeta of Ghetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



procedures by which government can appropriate land to carry out developmental works in the interest of the public, and the procedures for the valuation of property to be affected by appropriation of land to compensate the owners thereof. This is particularly important because, unlike the Condominium Proclamation, the scope of application of the Appropriation Proclamation is not limited territorially. It can apply to all parts of the country particularly the rural areas where many people possess land and land is usually appropriated for developmental activities thereby affecting their shelter or houses.

4.4. Non-Legislative Measures

The government has taken non-legislative measures towards addressing the problem of housing prevalent in the country, especially in urban areas. Among the initiatives taken are the construction of condominiums and their distribution to lower income groups. This project, which has been initially confined to major towns, has been expanded in coverage to all urban areas countrywide. For instance, in Gondar, a city where the middle and lower class of the society face housing problems, the construction of condominium houses for about 3000 households every year is planned. In Mekelle and other urban areas, thousands of low-cost condominium houses are to be constructed to address the problem of housing in the coming four years. In Ambo, condominium houses are being constructed and the construction is being speeded up to alleviate the housing problem in the town. Further, the government is planning to construct many low-cost condominiums houses in other urban areas such as Harar. In order to promote the construction of houses, the government provides credit facilities for those who form cooperatives to build condominiums. Other activities include the licensing of private housing providers (real-estate investors) to engage in and contribute to the construction of houses and the reduction of bank interest rates on housing loans.

4.5. Assessment

Ethiopia faces serious challenges and gaps in addressing the right to adequate housing especially in urban areas where housing problems are entrenched.69 The irregular pattern of urban growth across the country has led to the emergence of slums’70 and homelessness across the country. This is especially true for the capital Addis Ababa where housing is a serious problem in terms of availability and quality.71 According to one study,72

the Federal Democratic Republic of Ethiopia, 200469 Though the ‘right to adequate housing’ is applicable to rural areas as much

as urban areas, the focus here is on the urban aspect of the problem. This is informed by the characterization of the issue as well as availability of information.

70 Daniel Tadesse, Reflections on the Situation of Urban Cadastres in Ethiopia, Addis Ababa, Ethiopia, April 7, 2006

71 Azeb Kelemework Bihon, Housing for the poor in Addis Ababa, p. 3Ghetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



75% of the total population of the city is living in overcrowded houses or dilapidated structures, under unhygienic conditions, lacking basic urban services like safe drinking water and sewage, and in sprawling informal settlements with growing number of shacks.

85% of the housing structures in Addis Ababa are dilapidated and would have to be demolished or rehabilitated in a costly manner. They are in their major without the minimum basic infrastructure such as flushing toilets and connection to the sewer system.

An estimated 80% of the 150,000 kebele houses have serious problems of maintenance and are in a very bad shape. Up to 50% of the population is without fixed employment.

The accumulated housing backlog is estimated to be 300,000 units. Moreover, 60,000 units are needed to accommodate the population increase of 7-8% p.a. mainly as a result of migration from rural areas.

Many other urban areas such as Gondor;73 Dire Dawa and Harar;74 Mekelle, Adigrat, Shire Endasillasie, Maichew and Humera;75 and Ambo76 also have similar housing problems.

72 Addis Ababa Housing Development Project Office, Low Cost Housing Technical Manual, April 2005

73 Brief Description on the Problems and Project Ideas of the City of Gondar, prepared by City Council of Gondar, 10 January 2006

74 Eskinder Michael, EthioBlog - Ethiopia - Condos on rent for millennium75 Mekelle Housing Development Agency, Launching construction of

condominium houses76 Ethiopian Reporter: Ambo Town Constructing Condominium HousesGhetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



5. Recommendations

5.1. General Recommendations

The national response to homelessness should be considered at two levels: measures to address housing needs for the poor in the context of the right to adequate housing; and, measures to realize the rights of persons vulnerable to and/or affected by homelessness.

1. Measures to address housing needs for the poor in the context of the right to adequate housing:77

1.1.Regular reporting status of treaty implementation to the Committee on Economic, Social and Cultural Rights

1.2.Enactment and implementation of legislation on right to adequate housing (which includes for example regularization of tenancy, forbidding discrimination in the housing sector, supporting housing sector by tax reliefs, subsidies for low-income households etc …)

1.3.Development and implementation of a national housing policy statement/strategy for the progressive implementation of measures for the right to adequate housing

2. Measures to realize the rights of persons vulnerable to and/or affected by homelessness:78

2.1.Developing and implementing a legislative and policy framework for the protection and promotion of the rights of persons vulnerable to and/or affected by homelessness

2.1.1. Enactment and implementation of legislation on security of tenure, equal inheritance, protection against forced eviction, equal right of women and men to housing

2.1.2. Development and implementation of strategic document (national plan of action) based on a comprehensive, systematic approach to addressing the different facets of homelessness through a participatory process.

77 These measures arise from a perspective of homelessness as non-realization of the right to adequate housing

78 Here, homelessness is viewed mainly as the cause for violation of the rights of the homeless


of 57



2.2.Designing and implementing prevention and early intervention programs to reduce vulnerability to homelessness

2.3.Designing and implementing prevention and early intervention programs aimed at improving and expanding services for the homeless

2.4.Designing and implementing prevention and early intervention programs for the rehabilitation and reintegration of homeless persons into mainstream society

5.2. Specific Recommendations

The role of the Ethiopian Human Rights Commission within the national response to homelessness should take into account the mandates and capacities of the Commission as well as the nature of the problem. In line with its core objectives, the interventions of the EHRC aiming to address homelessness (both as a violation of the right to adequate housing and a situation leading to non-realization of the rights of the homeless) relate to the legal and policy framework, capacities of key actors, and human rights monitoring. As a corollary to these core mandates (and as part of its overall responsibilities to improve the situation of the homeless and status of their rights), the Commission should also engage in supporting direct service provision to those affected by or vulnerable to the problem. The following are the major areas of intervention recommended for the Ethiopian Human Rights Commission:

1. Strengthening the national legislative and policy framework on the right to adequate housing and the protection of persons vulnerable to and affected by homelessness

1.1.Review of existing legislation on the right to adequate housing, protection of the homeless and operational environment for key institutional actors and forwarding recommendations.

1.2.Review of existing policy on the right to adequate housing, protection of the homeless and operational environment for key institutional actors and forwarding recommendations.

1.3.Develop a Homelessness Charter: This is a Statement of Rights intended to improve the circumstances of homeless people by raising community awareness and promoting a rights-based approach to homelessness service delivery.

2. Homelessness Service Sector Capacity Building: building the skills and capacity of services and staff to provide homelessness assistance services in a way which is holistic, inclusive, integrated, respectful and rights-based.


of 57



2.1.Conducting capacity needs assessments at the sector, organizational and individual/staff levels, and designing a capacity building intervention that focuses on organizational structures, systems, processes, resources, procedures and management as well as provision of services.

2.2.Support to organizational development activities through small-grant projects towards the development of protocols, guidelines and operational manuals and provision of capacity building training to professionals responsible for the provision of services to the homeless.

2.3.Developing comprehensive, clear and uniform guidelines and protocols on process and quality of service provision (housing assistance service standards and information management systems) to support quality services for people experiencing homelessness that delivers ongoing improvement and better integration of services delivered by specialist homelessness and allied and mainstream organisations.

3. Putting in place a comprehensive and rights-based monitoring framework on homelessness

3.1.Establishing the baseline: The success of any intervention is for the most part a function of its relevance to the problems, needs and interests of the intended intermediate and ultimate beneficiaries. As such, the first step in designing any intervention should be creating a reliable and comprehensive information basis on the situation of target groups. Information so acquired should further be analyzed in a process involving the same target groups to identify the key problems and their structural causes. It is only then that a relevant intervention could be designed. Research on the status of the right to adequate housing and situation of the homeless should thus be a priority engagement.

3.2.Prepare a national Homelessness Monitoring Information Strategy: Such a strategy should be developed in consultation with all relevant stakeholders: establish a coordinating mechanism or agency for homelessness data collection; adopt a harmonized definition of living situations and homelessness as a basic framework for data collection; and identify a set of standard core variables and their definition as a basic set of variables to be employed in data collection.

3.3.Establish and maintain a directory/database of services for homeless people: This task starts with the adoption of a national definition of services for homelessness. A strategy for collection of data from service providers should also be developed and integrated into the regulatory system for homeless service providers (e.g. establishment of client registration systems and mandatory provision of anonymized


of 57



client data as well as funding/allocations for service provision). Mechanisms should also be put in place to ensure added value of data collection for the services and homeless people.

4. Initiating and/or supporting model projects for direct service provision to the homeless: As a national human rights institution, the core mandates of the Ethiopian Human Rights Commission relate mainly to the policy and legislative framework, building capacities of key human rights actors, and empowerment of the rights holders. With the exception of compliant handling, direct service provision by the Commission may not be considered a major area of engagement. However, in exercising its mandate to ensure that human rights are respected by all actors, the Commission has to engage in more direct support to and even provision of services relevant to the realization of human rights. This may be done through joint projects with selected human rights actors or allocation of grants to selected interventions. The following is a list of service modalities that may be initiated and/or supported by the Commission as model projects for the provision of preventive, supportive and rehabilitative services for persons vulnerable to or affected by homelessness:

4.1.Emergency prevention: The most efficient and effective strategy to address homelessness is to prevent it from happening in the first place. One preventive strategy to achieve this end is through programs designed to identify and support vulnerable populations. Integration with existing interventions, such as social security systems and emergency assistance services, is considered a priority over programming from scratch.

4.2.Systems prevention: Many people who fall into homelessness do so after release from custodial institutions, mental health programs and other medical care facilities. By creating a clear path to housing from those institutions, typically in the form of case management, access to services, or housing assistance programs, it is possible to reduce the number of homeless and plug one source of homelessness. The relative accessibility of institutionalized persons and the role of the Commission in monitoring places of detention may represent an opportunity that could be utilized if this intervention modality is to be selected as a model project.

4.3.Public outreach: This modality of service provision involves working directly with homeless persons within communities. Typically, a trained community worker locates, contacts, and collects information on individual persons living on the street. The information is then used as a basis for the provision of relevant services to homeless persons or referrals to other service providers, as appropriate. In addition to the obvious advantage of eliciting reliable qualitative data on the situation of the homeless, public outreach enables the meaningful


of 57



participation of the homeless and those at risk of homelessness in the design and implementation of services. However, due to the significant human and other resources required, such interventions tend to be localized (limited in scope and coverage). A more appropriate approach for the Commission may be to provide support to local institutions, preferably already engaged in the provision of services to the homeless, to conduct outreach programs.

4.4.Drop-in centers: These are service centers that provide homeless persons with walk-in access to crisis intervention and ongoing supportive services on a self-referral basis. Services made available at drop-in centers include psycho-social support, education and recreational services. Again, the nature and size of resource requirements generally preclude the establishment of drop-in centers by the Commission and make support to existing centers (or to the establishment of new ones) more likely.

4.5.Emergency shelter: These are similar to drop-in centers in terms of providing homeless persons walk-in access to on-site services and referrals to other providers. What distinguishes emergency shelters is the availability of short-term residential care on an emergency basis. They also target more specific groups vulnerable to abuse and exploitation, usually women and children, from among the homeless. Since the services relevant to such groups are more specialized, direct provision of emergency shelter services by the Commission would be very difficult.

4.6.Transitional living services: These are interventions designed to assist homeless persons in finding and maintaining safe housing including through rental assistance and related supportive services ensuring that homelessness does not reoccur. Unlike shelters providing temporary living space, these services assist the person to find and maintain his/her own transitional housing. The use of these services both as preventive (e.g. for persons made vulnerable to homelessness due to long institutionalization) as well as rehabilitative (for previously homeless) measures can be effective if coupled with education, training, employment or income generation related support. However, sustainability is a major concern. The Commission may consider this modality of service provision as a model project in the context of persons released from custodial institutions.

4.7.Permanent Housing: At its root, homelessness is the result of the inability to afford and maintain housing. Any plan to end homelessness must incorporate an investment in creating affordable housing. This includes supportive housing, which is permanent housing coupled with supportive services. This is often used for the chronically homeless population, i.e. people experiencing long-term or repeated homelessness due to persisting causes such as mental or


of 57



physical disabilities. The direct engagement of the Commission in the provision of permanent housing is very unlikely, unless considered in the context of integration into existing housing projects.

4.8.Income generation and financial support: In order to maintain housing, people exiting homelessness must have income. Cash assistance programs and career-based employment services can help formerly homeless people build the skills necessary to increase their income. Again, integration into mainstream services is likely to be more appropriate for the Commission.


of 57



6. Annexes

6.1. References

6.2. Summary of international and regional standards

6.2.1.CESCR General Comment 4

Committee on Economic, Social and Cultural Rights, General Comment 4, The right to adequate housing (Sixth session, 1991), U.N. Doc. E/1992/23, annex III at 114 (1991), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 18 (2003). *

1. Pursuant to article 11 (1) of the Covenant, States parties "recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions". The human right to adequate housing, which is thus derived from the right to an adequate standard of living, is of central importance for the enjoyment of all economic, social and cultural rights.

2. The Committee has been able to accumulate a large amount of information pertaining to this right. Since 1979, the Committee and its predecessors have examined 75 reports dealing with the right to adequate housing. The Committee has also devoted a day of general discussion to the issue at each of its third (see E/1989/22, para. 312) and fourth sessions (E/1990/23, paras. 281-285). In addition, the Committee has taken careful note of information generated by the International Year of Shelter for the Homeless (1987) including the Global Strategy for Shelter to the Year 2000 adopted by the General Assembly in its resolution 42/191 of 11 December 1987. a The Committee has also reviewed relevant reports and other documentation of the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities. b

3. Although a wide variety of international instruments address the different dimensions of the right to adequate housing c article 11 (1) of the Covenant is the most comprehensive and perhaps the most important of the relevant provisions.


of 57



4. Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate housing, there remains a disturbingly large gap between the standards set in article 11 (1) of the Covenant and the situation prevailing in many parts of the world. While the problems are often particularly acute in some developing countries which confront major resource and other constraints, the Committee observes that significant problems of homelessness and inadequate housing also exist in some of the most economically developed societies. The United Nations estimates that there are over 100 million persons homeless worldwide and over 1 billion inadequately housed. d There is no indication that this number is decreasing. It seems clear that no State party is free of significant problems of one kind or another in relation to the right to housing.

5. In some instances, the reports of States parties examined by the Committee have acknowledged and described difficulties in ensuring the right to adequate housing. For the most part, however, the information provided has been insufficient to enable the Committee to obtain an adequate picture of the situation prevailing in the State concerned. This General Comment thus aims to identify some of the principal issues which the Committee considers to be important in relation to this right.

6. The right to adequate housing applies to everyone. While the reference to "himself and his family" reflects assumptions as to gender roles and economic activity patterns commonly accepted in 1966 when the Covenant was adopted, the phrase cannot be read today as implying any limitations upon the applicability of the right to individuals or to female-headed households or other such groups. Thus, the concept of "family" must be understood in a wide sense. Further, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status and other such factors. In particular, enjoyment of this right must, in accordance with article 2 (2) of the Covenant, not be subject to any form of discrimination.

7. In the Committee's view, the right to housing should not be interpreted in a narrow or restrictive sense which equates it with, for example, the shelter provided by merely having a roof over one's head or views shelter exclusively as a commodity. Rather it should be seen as the right to live somewhere in security, peace and dignity. This is appropriate for at least two reasons. In the first place, the right to housing is integrally linked to other human rights and to the fundamental principles upon which the Covenant is premised. This "the inherent dignity of the human person" from which the rights in the Covenant are said to derive requires that the term "housing" be interpreted so as to take account of a variety of other considerations, most importantly that the right to housing should be ensured to all persons irrespective of income or access to economic resources. Secondly, the reference in article 11 (1) must be read as referring not just to housing but to adequate housing. As both the Commission on Human Settlements and the Global Strategy for Shelter to the


of 57



Year 2000 have stated: "Adequate shelter means ... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost".

8. Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:

(a) Legal security of tenure. Tenure takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups;

(b) Availability of services, materials, facilities and infrastructure. An adequate house must contain certain facilities essential for health, security, comfort and nutrition. All beneficiaries of the right to adequate housing should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services;

(c) Affordability. Personal or household financial costs associated with housing should be at such a level that the attainment and satisfaction of other basic needs are not threatened or compromised. Steps should be taken by States parties to ensure that the percentage of housing-related costs is, in general, commensurate with income levels. States parties should establish housing subsidies for those unable to obtain affordable housing, as well as forms and levels of housing finance which adequately reflect housing needs. In accordance with the principle of affordability, tenants should be protected by appropriate means against unreasonable rent levels or rent increases. In societies where natural materials constitute the chief sources of building materials for housing, steps should be taken by States parties to ensure the availability of such materials;

(d) Habitability. Adequate housing must be habitable, in terms of providing the inhabitants with adequate space and protecting them from cold, damp,


of 57



heat, rain, wind or other threats to health, structural hazards, and disease vectors. The physical safety of occupants must be guaranteed as well. The Committee encourages States parties to comprehensively apply the Health Principles of Housing e prepared by WHO which view housing as the environmental factor most frequently associated with conditions for disease in epidemiological analyses; i.e. inadequate and deficient housing and living conditions are invariably associated with higher mortality and morbidity rates;

(e) Accessibility. Adequate housing must be accessible to those entitled to it. Disadvantaged groups must be accorded full and sustainable access to adequate housing resources. Thus, such disadvantaged groups as the elderly, children, the physically disabled, the terminally ill, HIV-positive individuals, persons with persistent medical problems, the mentally ill, victims of natural disasters, people living in disaster-prone areas and other groups should be ensured some degree of priority consideration in the housing sphere. Both housing law and policy should take fully into account the special housing needs of these groups. Within many States parties increasing access to land by landless or impoverished segments of the society should constitute a central policy goal. Discernible governmental obligations need to be developed aiming to substantiate the right of all to a secure place to live in peace and dignity, including access to land as an entitlement;

(f) Location. Adequate housing must be in a location which allows access to employment options, health-care services, schools, child-care centres and other social facilities. This is true both in large cities and in rural areas where the temporal and financial costs of getting to and from the place of work can place excessive demands upon the budgets of poor households. Similarly, housing should not be built on polluted sites nor in immediate proximity to pollution sources that threaten the right to health of the inhabitants;

(g) Cultural adequacy. The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing. Activities geared towards development or modernization in the housing sphere should ensure that the cultural dimensions of housing are not sacrificed, and that, inter alia, modern technological facilities, as appropriate are also ensured.

9. As noted above, the right to adequate housing cannot be viewed in isolation from other human rights contained in the two International Covenants and other applicable international instruments. Reference has already been made in this regard to the concept of human dignity and the principle of non-discrimination. In addition, the full enjoyment of other rights - such as the right to freedom of expression, the right to freedom of association (such as for tenants and other community-based groups), the right to freedom of residence and the right to participate in public decision-making - is indispensable if the right to adequate housing is to be realized and maintained by all groups in society. Similarly, the right not to be


of 57



subjected to arbitrary or unlawful interference with one's privacy, family, home or correspondence constitutes a very important dimension in defining the right to adequate housing.

10. Regardless of the state of development of any country, there are certain steps which must be taken immediately. As recognized in the Global Strategy for Shelter and in other international analyses, many of the measures required to promote the right to housing would only require the abstention by the Government from certain practices and a commitment to facilitating "self-help" by affected groups. To the extent that any such steps are considered to be beyond the maximum resources available to a State party, it is appropriate that a request be made as soon as possible for international cooperation in accordance with articles 11 (1), 22 and 23 of the Covenant, and that the Committee be informed thereof.

11. States parties must give due priority to those social groups living in unfavourable conditions by giving them particular consideration. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others. The Committee is aware that external factors can affect the right to a continuous improvement of living conditions, and that in many States parties overall living conditions declined during the 1980s. However, as noted by the Committee in its General Comment 2 (1990) (E/1990/23, annex III), despite externally caused problems, the obligations under the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction. It would thus appear to the Committee that a general decline in living and housing conditions, directly attributable to policy and legislative decisions by States parties, and in the absence of accompanying compensatory measures, would be inconsistent with the obligations under the Covenant.

12. While the most appropriate means of achieving the full realization of the right to adequate housing will inevitably vary significantly from one State party to another, the Covenant clearly requires that each State party take whatever steps are necessary for that purpose. This will almost invariably require the adoption of a national housing strategy which, as stated in paragraph 32 of the Global Strategy for Shelter, "defines the objectives for the development of shelter conditions, identifies the resources available to meet these goals and the most cost-effective way of using them and sets out the responsibilities and time-frame for the implementation of the necessary measures". Both for reasons of relevance and effectiveness, as well as in order to ensure respect for other human rights, such a strategy should reflect extensive genuine consultation with, and participation by, all of those affected, including the homeless, the inadequately housed and their representatives. Furthermore, steps should be taken to ensure coordination between ministries and regional and local authorities in order to reconcile related policies (economics, agriculture, environment, energy, etc.) with the obligations under article 11 of the Covenant.


of 57



13. Effective monitoring of the situation with respect to housing is another obligation of immediate effect. For a State party to satisfy its obligations under article 11 (1) it must demonstrate, inter alia, that it has taken whatever steps are necessary, either alone or on the basis of international cooperation, to ascertain the full extent of homelessness and inadequate housing within its jurisdiction. In this regard, the revised general guidelines regarding the form and contents of reports adopted by the Committee (E/C.12/1991/1) emphasize the need to "provide detailed information about those groups within ... society that are vulnerable and disadvantaged with regard to housing". They include, in particular, homeless persons and families, those inadequately housed and without ready access to basic amenities, those living in "illegal" settlements, those subject to forced evictions and low-income groups.

14. Measures designed to satisfy a State party's obligations in respect of the right to adequate housing may reflect whatever mix of public and private sector measures considered appropriate. While in some States public financing of housing might most usefully be spent on direct construction of new housing, in most cases, experience has shown the inability of Governments to fully satisfy housing deficits with publicly built housing. The promotion by States parties of "enabling strategies", combined with a full commitment to obligations under the right to adequate housing, should thus be encouraged. In essence, the obligation is to demonstrate that, in aggregate, the measures being taken are sufficient to realize the right for every individual in the shortest possible time in accordance with the maximum of available resources.

15. Many of the measures that will be required will involve resource allocations and policy initiatives of a general kind. Nevertheless, the role of formal legislative and administrative measures should not be underestimated in this context. The Global Strategy for Shelter (paras. 66-67) has drawn attention to the types of measures that might be taken in this regard and to their importance.

16. In some States, the right to adequate housing is constitutionally entrenched. In such cases the Committee is particularly interested in learning of the legal and practical significance of such an approach. Details of specific cases and of other ways in which entrenchment has proved helpful should thus be provided.

17. The Committee views many component elements of the right to adequate housing as being at least consistent with the provision of domestic legal remedies. Depending on the legal system, such areas might include, but are not limited to: (a) legal appeals aimed at preventing planned evictions or demolitions through the issuance of court-ordered injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c) complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other


of 57



forms of discrimination; (d) allegations of any form of discrimination in the allocation and availability of access to housing; and (e) complaints against landlords concerning unhealthy or inadequate housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness.

18. In this regard, the Committee considers that instances of forced eviction are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law.

19. Finally, article 11 (1) concludes with the obligation of States parties to recognize "the essential importance of international cooperation based on free consent". Traditionally, less than 5 per cent of all international assistance has been directed towards housing or human settlements, and often the manner by which such funding is provided does little to address the housing needs of disadvantaged groups. States parties, both recipients and providers, should ensure that a substantial proportion of financing is devoted to creating conditions leading to a higher number of persons being adequately housed. International financial institutions promoting measures of structural adjustment should ensure that such measures do not compromise the enjoyment of the right to adequate housing. States parties should, when contemplating international financial cooperation, seek to indicate areas relevant to the right to adequate housing where external financing would have the most effect. Such requests should take full account of the needs and views of the affected groups.

footnotes

* Contained in document E/1992/23.

a. Official Records of the General Assembly, Forty-third Session, Supplement No. 8, addendum (A/43/8/Add.1).

b. Commission on Human Rights resolutions 1986/36 and 1987/22; reports by Mr. Danilo Turk, Special Rapporteur of the Sub-Commission (E/CN.4/Sub.2/1990/19, paras. 108-120; E/CN.4/Sub.2/1991/17, paras. 137-139); see also Sub-Commission resolution 1991/26.

c. See, for example, article 25 (1) of the Universal Declaration on Human Rights, article 5 (e) (iii) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 14 (2) of the Convention on the Elimination of All Forms of Discrimination against Women, article 27 (3) of the Convention on the Rights of the Child,


of 57



article 10 of the Declaration on Social Progress and Development, section III (8) of the Vancouver Declaration on Human Settlements, 1976 (Report of Habitat: United Nations Conference on Human Settlements (United Nations publication, Sales No. E.76.IV.7 and corrigendum), chap. I), article 8 (1) of the Declaration on the Right to Development and the ILO Recommendation Concerning Workers' Housing, 1961 (No. 115).

d. See footnote a.

e. Geneva, World Health Organization, 1990.

6.2.2.CESCR General Comment 7

The right to adequate housing (Art.11.1): forced evictions: 05/20/1997

GENERAL COMMENT 7: The right to adequate housing (art. 11.1 of the Covenant): forced evictions (Sixteenth session, 1997)*

1. In its General Comment No. 4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. It concluded that forced evictions are prima facie incompatible with the requirements of the Covenant. Having considered a significant number of reports of forced evictions in recent years, including instances in which it has determined that the obligations of States parties were being violated, the Committee is now in a position to seek to provide further clarification as to the implications of such practices in terms of the obligations contained in the Covenant.

2. The international community has long recognized that the issue of forced evictions is a serious one. In 1976, the United Nations Conference on Human Settlements noted that special attention should be paid to "undertaking major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made". 1/ In 1988, in the Global Strategy for Shelter to the Year 2000, adopted by the General Assembly in its resolution 43/181, the "fundamental obligation [of Governments] to protect and improve houses and neighbourhoods, rather than damage or destroy them" was recognized. 2/ Agenda 21 stated that "people should be protected by law against unfair eviction from their homes or land". 3/ In the Habitat Agenda Governments committed themselves to "protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as


of 57


http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/959f71e476284596802564c3005d8d50?Opendocument#3%2F%20Report%20of




appropriate, that alternative suitable solutions are provided". 4/ The Commission on Human Rights has also indicated that "forced evictions are a gross violation of human rights". 5/ However, although these statements are important, they leave open one of the most critical issues, namely that of determining the circumstances under which forced evictions are permissible and of spelling out the types of protection required to ensure respect for the relevant provisions of the Covenant.

3. The use of the term "forced evictions" is, in some respects, problematic. This expression seeks to convey a sense of arbitrariness and of illegality. To many observers, however, the reference to "forced evictions" is a tautology, while others have criticized the expression "illegal evictions" on the ground that it assumes that the relevant law provides adequate protection of the right to housing and conforms with the Covenant, which is by no means always the case. Similarly, it has been suggested that the term "unfair evictions" is even more subjective by virtue of its failure to refer to any legal framework at all. The international community, especially in the context of the Commission on Human Rights, has opted to refer to "forced evictions", primarily since all suggested alternatives also suffer from many such defects. The term "forced evictions" as used throughout this general comment is defined as 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. 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.

4. The practice of forced evictions is widespread and affects persons in both developed and developing countries. Owing to the interrelationship and interdependency which exist among all human rights, forced evictions frequently violate other human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of forced evictions may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non-interference with privacy, family and home and the right to the peaceful enjoyment of possessions.

5. Although the practice of forced evictions might appear to occur primarily in heavily populated urban areas, it also takes place in connection with forced population transfers, internal displacement, forced relocations in the context of armed conflict, mass exoduses and refugee movements. In all of these contexts, the right to adequate housing and not to be subjected to forced eviction may be violated through a wide range of acts or omissions attributable to States parties. Even in situations where it may be necessary to impose limitations on such a right, full compliance with article 4 of the Covenant is required so that any limitations imposed must be "determined by law only insofar as this may be compatible with the nature of these [i.e.


of 57


http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/959f71e476284596802564c3005d8d50?Opendocument#5%2F%20Commissio



economic, social and cultural] rights and solely for the purpose of promoting the general welfare in a democratic society".

6. Many instances of forced eviction are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence.

7. Other instances of forced eviction occur in the name of development. Evictions may be carried out in connection with conflict over land rights, development and infrastructure projects, such as the construction of dams or other large-scale energy projects, with land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes, unbridled speculation in land, or the holding of major sporting events like the Olympic Games.

8. In essence, the obligations of States parties to the Covenant in relation to forced evictions are based on article 11.1, read in conjunction with other relevant provisions. In particular, article 2.1 obliges States to use "all appropriate means" to promote the right to adequate housing. However, in view of the nature of the practice of forced evictions, the reference in article 2.1 to progressive achievement based on the availability of resources will rarely be relevant. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions (as defined in paragraph 3 above). Moreover, this approach is reinforced by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against "arbitrary or unlawful interference" with one's home. It is to be noted that the State's obligation to ensure respect for that right is not qualified by considerations relating to its available resources.

9. Article 2.1 of the Covenant requires States parties to use "all appropriate means", including the adoption of legislative measures, to promote all the rights protected under the Covenant. Although the Committee has indicated in its General Comment No. 3 (1990) that such measures may not be indispensable in relation to all rights, it is clear that legislation against forced evictions is an essential basis upon which to build a system of effective protection. Such legislation should include measures which (a) provide the greatest possible security of tenure to occupiers of houses and land, (b) conform to the Covenant and (c) are designed to control strictly the circumstances under which evictions may be carried out. The legislation must also apply to all agents acting under the authority of the State or who are accountable to it. Moreover, in view of the increasing trend in some States towards the Government greatly reducing its responsibilities in the housing sector, States parties must ensure that legislative and other measures are adequate to prevent and, if appropriate, punish forced evictions carried out, without appropriate safeguards, by private persons or bodies. States parties should therefore review relevant legislation and policies to ensure that they


of 57



are compatible with the obligations arising from the right to adequate housing and repeal or amend any legislation or policies that are inconsistent with the requirements of the Covenant.

10. Women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable individuals and groups all suffer disproportionately from the practice of forced eviction. Women in all groups are especially vulnerable given the extent of statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation, and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The non-discrimination provisions of articles 2.2 and 3 of the Covenant impose an additional obligation upon Governments to ensure that, where evictions do occur, appropriate measures are taken to ensure that no form of discrimination is involved.

11. Whereas some evictions may be justifiable, such as in the case of persistent non-payment of rent or of damage to rented property without any reasonable cause, it is incumbent upon the relevant authorities to ensure that they are carried out in a manner warranted by a law which is compatible with the Covenant and that all the legal recourses and remedies are available to those affected.

12. Forced eviction and house demolition as a punitive measure are also inconsistent with the norms of the Covenant. Likewise, the Committee takes note of the obligations enshrined in the Geneva Conventions of 1949 and Protocols thereto of 1977 concerning prohibitions on the displacement of the civilian population and the destruction of private property as these relate to the practice of forced eviction.

13. States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force. Legal remedies or procedures should be provided to those who are affected by eviction orders. States parties shall also see to it that all the individuals concerned have a right to adequate compensation for any property, both personal and real, which is affected. In this respect, it is pertinent to recall article 2.3 of the International Covenant on Civil and Political Rights, which requires States parties to ensure "an effective remedy" for persons whose rights have been violated and the obligation upon the "competent authorities (to) enforce such remedies when granted".

14. In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall General Comment 16 of the Human Rights Committee, relating to article 17 of the


of 57



International Covenant on Civil and Political Rights, which states that interference with a person's home can only take place "in cases envisaged by the law". The Committee observed that the law "should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances". The Committee also indicated that "relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted".

15. Appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognized in both the International Covenants on Human Rights. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.

16. Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the State party must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available.

17. The Committee is aware that various development projects financed by international agencies within the territories of State parties have resulted in forced evictions. In this regard, the Committee recalls its General Comment No. 2 (1990) which states, inter alia, that "international agencies should scrupulously avoid involvement in projects which, for example ... promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation. Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenant are duly taken into account". 6/

18. Some institutions, such as the World Bank and the Organisation for Economic Cooperation and Development (OECD) have adopted guidelines on relocation and/or resettlement with a view to limiting the scale of and human


of 57


http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/959f71e476284596802564c3005d8d50?Opendocument#6%2F%20E%2F1990%2F2


suffering associated with forced evictions. Such practices often accompany large-scale development projects, such as dam-building and other major energy projects. Full respect for such guidelines, insofar as they reflect the obligations contained in the Covenant, is essential on the part of both the agencies themselves and States parties to the Covenant. The Committee recalls in this respect the statement in the Vienna Declaration and Programme of Action to the effect that "while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights" (Part I, para. 10).

19. In accordance with the guidelines for reporting adopted by the Committee, State parties are requested to provide various types of information pertaining directly to the practice of forced evictions. This includes information relating to (a) the "number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction", (b) "legislation concerning the rights of tenants to security of tenure, to protection from eviction" and (c) "legislation prohibiting any form of eviction". 7/

20. Information is also sought as to "measures taken during, inter alia, urban renewal programmes, redevelopment projects, site upgrading, preparation for international events (Olympics and other sporting competitions, exhibitions, conferences, etc.) 'beautiful city' campaigns, etc. which guarantee protection from eviction or guarantee rehousing based on mutual consent, by any persons living on or near to affected sites". 8/ However, few States parties have included the requisite information in their reports to the Committee. The Committee therefore wishes to emphasize the importance it attaches to the receipt of such information.

21. Some States parties have indicated that information of this nature is not available. The Committee recalls that effective monitoring of the right to adequate housing, either by the Government concerned or by the Committee, is not possible in the absence of the collection of appropriate data and would request all States parties to ensure that the necessary data is collected and is reflected in the reports submitted by them under the Covenant.

Notes

* Contained in document E/1998/22, annex IV.

1/ Report of Habitat: United Nations Conference on Human Settlements, Vancouver, 31 May - 11 June 1976 (A/CONF.70/15), chap. II, recommendation B.8, para. C (ii).


of 57


http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/959f71e476284596802564c3005d8d50?Opendocument#8%2F%20Ibid.

http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/959f71e476284596802564c3005d8d50?Opendocument#7%2F%20E%2FC.12%2F1


2/ Report of the Commission on Human Settlements on the work of its eleventh session, Addendum (A/43/8/Add.1), para. 13.

3/ Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, Vol. I (A/CONF.151/26/Rev.1(vol.I), annex II, Agenda 21, chap. 7.9 (b).

4/ Report of the United Nations Conference on Settlements (Habitat II) (A/CONF.165/14), annex II, The Habitat Agenda, para. 40 (n).

5/ Commission on Human Rights resolution 1993/77, para. 1.

6/ E/1990/23, annex III, paras. 6 and 8 (d).

7/ E/C.12/1999/8, annex IV.

8/ Ibid.

6.2.3.Indicators on the Right to Adequate Housing

Miloon Kothari, Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, A/HRC/4/18, 5 February 2007

10. Structural indicators. These are indicators that reflect the ratification/adoption of legal instruments and the existence of basic institutional mechanisms deemed necessary for facilitating realization of the particular human right.

11. Process indicators. These relate State policy instruments with milestones, which in turn cumulate into outcome indicators that could be more directly related to realization of human rights. Such indicators contribute to assessing an important aspect of the notion of accountability. Unlike outcome indicators, process indicators are more sensitive to changes, and are thus better at reflecting progressive realization of the right and States parties’ efforts in protecting the rights, including their obligation as stated in article 2 of ICESCR. (“Each State Party to the present Covenant undertakes to take steps … 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 … .”)

12. Outcome indicators. These capture attainments, individual and collective, that reflect the status of realization of a human right in a given context. Outcome indicators have two important features. First, as mentioned, they are more directly related to the realization of the corresponding right and second, a number of processes could contribute to


of 57



the attainment of a single outcome. In such a case, it becomes useful to make a distinction between process and outcome indicators.

List of Illustrative Indicators on the Right to Adequate Housing (Art. 11 (1) ICESCR; MDG indicators)

Structural

International human rights instruments, relevant to the right to adequate housing, ratified by the State

Date of entry into force and coverage of the right to adequate housing in Supreme Law/Constitution/Bill of Rights

Date of entry into force and coverage of domestic laws relevant to the implementation of the right to adequate housing

Number of registered/operational civil society organizations involved in the promotion and protection of the right to adequate housing

Time frame and coverage of national housing policy statement/strategy for the progressive implementation of measures for the right to adequate housing at different levels of Government, as applicable

Time frame and coverage of national policy on rehabilitation and resettlement

Date of entry into force and coverage of legislation on security of tenure, equal inheritance and protection against forced eviction

Process

Number of complaints on the right to adequate housing received, investigated and adjudicated by the national human rights institution or human rights ombudsperson or specialized institution and other administrative mechanisms (created to protect the interests of specific populations groups) in the reporting period

Public expenditure on reconstruction and rehabilitation of displaced persons as a proportion of public development budget

Net ODA for housing received/provided as proportion of public expenditure on housing/gross national income

Process: Habitability

Proportions of habitations (cities, towns and villages) covered under provisions of building codes and by-laws


of 57



Share of public development budget spent on social/community housing

Increase in habitable area effected through reclamation, including of hazardous sites and change in land use pattern

Addition to habitable area earmarked for social/community housing during the reporting period

Process: Accessibility to Services

Proportion of household budget spent on access to utilities, including water supply, sanitation, electricity and garbage disposal

Proportion of vulnerable households dependent on private sources for water supply

Share of public development budget spent on provision and maintenance of sanitation, water supply, electricity and physical connectivity of habitations

Process: Housing Affordability

Proportion of households that receive public housing assistance, including those living in subsidized rented housing and households subsidized for ownership

Proportion of households in self-owned, publicly provided housing and squatter settlements

Average rent of bottom three income deciles as a proportion of the top three

Process: Security of Tenure

Average time taken to settle disputes related to housing and land rights in courts and tribunals

Number of legal appeals aimed at preventing planned evictions/demolitions through the issuance of court-ordered injunctions over the reporting period

Number of legal procedures seeking compensation following evictions over the reporting period

Proportion of displaced or evicted persons rehabilitated/resettled annually over the reporting period

Outcome IndicatorsGhetnet Metiku Woldegiorgis,Freelance Socio-Legal ResearcherE-mail: [email protected]

of 57



Habitability

Proportion of population (persons per room or rooms per household) with sufficient living space/average number of persons per room among targeted households

Proportion of households living in permanent structures in compliance with building codes and by-laws

Proportion of habitations/households living near hazardous sites

Accessibility to Services

Proportion of urban population living in slums

Proportion of (rural and urban) population with sustainable access to an improved water source*

Proportion of (rural and urban) population with access to improved sanitation*

Housing Affordability

Proportion of households spending more than “x” % of their monthly income/expenditure on housing

Annual average of homeless persons per 100,000 population

Proportion of homeless population using public and community-based shelters

Security of Tenure

Reported cases of “forced evictions” per 100,000 population (e.g. as reported to United Nations special procedures) over the reporting period

Proportion of households with legally enforceable, contractual, statutory or other protection providing security of tenure/proportion of households with access to secure tenure*

Proportion of women among individuals with titles to land/house


of 57


ghetnet metiku ehrc homelessness & right to adequate housing

Documents