In depth I  The right to adequate housing
Social housing financing policies in Santiago de Chile
Source: Habitat International Coalition
This paper on Chilean housing policies is part of the publication "Civil Society and Social Movements. Building Sustainable Democracies in Latin America" by the Inter-American Development Bank. (PDF). May 2008.[see more]
 
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At first glance, it might seem unusual to address housing as a basic human right. Insecure and inadequate shelter, however, threatens physical and mental health and the overall quality of life. In other words, human dignity. This idea is mirrored in relevant international legislation, such as the Universal Declaration and the International Covenant on Economic, Social and Cultural Rights.

What are the elements that constitute the human right to housing? The Habitat International Coalition, a network of NGOs working on this issue, developed a monitoring tool kit that has identified 14 constituent elements of the human right to housing, derived from international treaty obligations and other commonly accepted norms.

These elements are: security of tenure; public goods and services; environmental goods and services (water, considered an essential prerequisite to the right to housing); affordability; habitability; accessibility; location; cultural appropriateness; freedom from dispossession; information, capacity and capacity-building; participation and self-expression; resettlement; safe environment; security and privacy.

There is, however, a huge gap between words and facts. According to UN figures, one billion urban inhabitants live in inadequate housing, mostly in slums and squatter settlements in developing countries. As many civil society organizations and experts have pointed out, there is one big culprit: corporate globalisation and its negative effects on the life of the poor. As Miloon Kothari, UN Special Rapporteur on the subject, puts it, “the deepening inequalities of income and opportunities between and within nations has lead to an increase in the number or people without adequate and secure housing. The human rights of people and communities to housing, water and sanitation (…) continue to erode as the process of privatisation deepens and accelerates”.

A heated debate is currently underway within the spheres of the United Nations. Conferences, declarations and follow-ups have turned into battlegrounds where NGOs denounce regressions with respect to accomplished goals.

The first UN conference on the issue, known as Habitat I, was held in Vancouver in 1976. Equity, social justice, solidarity, human dignity, free choice and free movement were the main principles articulated in this conference. It recommended that Governments and international organisations make “every effort to take urgent action”. Not only did problems persist, however, they multiplied in size and scope.

Twenty years later, in 1996, Istanbul hosted the second Habitat conference. The Habitat Agenda, the main document adopted by UN member states, represented an unprecedented breakthrough and a step forward. It recognized adequate housing as a fundamental human right. The whole process emphasized the importance of civic participation, thus breaking away from the previous approach to the Vancouver goals. It allowed for both meaningful and efficient NGO involvement in the drafting process.

In the Istanbul+5 conference, held in New York in 2001, the UN reviewed the implementation of the Habitat Agenda. According to the attending NGOs, this review entailed backtracking from Habitat II in terms of meaningful NGO and local authority participation. HIC issued a statement endorsed by 30 NGOs from 20 countries, where it condemned the absence of any reference to the right to adequate housing in the conference’s final declaration. It stated that “this regressive post-Istanbul trend has been championed by very few states”.

There is another arena in which housing rights are being internationally discussed: the Millennium Development Goals. In the year 2000, UN member states agreed to work towards achieving eight development goals detailed out in 18 specific and measurable development targets. Goal 7 Target 11 calls for a significant improvement in the lives of 100 million slum dwellers to be attained by the year 2020. The UN Committee on Economic, Social and Cultural Rights and UN Commission on Human Rights’ Special Rapporteurs are encouraging NGOs to take part in the monitoring stage currently carried out by UN-HABITAT. They are also focusing on adopting a human rights perspective (that includes economic, social and cultural rights) in the whole process.

The World Bank has participated in this initiative through its programme “Cities Alliances” (launched together with UN-HABITAT). According to its promoters, “it was created to foster new tools, practical approaches and knowledge sharing to promote local economic development and a direct attack on urban poverty. Its activities support the implementation of the Habitat Agenda”.

When addressing housing as a human right, it is impossible to adopt a gender neutral approach. Women, either by law or by action, are excluded from or discriminated against in virtually every aspect of housing. It is necessary to take positive action to ensure their right to inheritance and the ownership of land and other property, credit, natural resources and appropriate technology, as well as to guarantee their right to security of tenure and to enter into contracts.

Another vulnerable group are Palestinians living in the occupied territories. There, demolishing houses has become a powerful and systematic means of domination. The isolated Palestinian areas in the Gaza Strip, as local NGOs point out, are examples of the collective punishment inflicted by Israel on Palestinian civilians. In this regard, it is important to point out that there has been a regression. Even though their right to housing has been internationally recognised, it is being systematically violated.

What is civil society’s response to this critical global situation? Many NGOs are actively working to find alternative solutions. Their focus is both on meaningful community participation and face-to-face exchanges of experience. There is an increasing number of poor community groups mobilizing and visiting each other. This methodology of sharing and learning has proved particularly successful in breaking community isolation.

The Best Practices database, a joint product of UN-HABITAT and The Together Foundation, has collected and organized many of these experiences, demonstrating “the practical ways in which public, private and civil society sectors are working together to improve governance, eradicate poverty, provide access to shelter, land and basic services, protect the environment and support economic development”.

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