A/HRC/28/62
A.
Treaty body monitoring mechanisms
28.
In 2009 the Secretary-General encouraged States to provide information on
participation at “national, regional and local levels of governance and, where appropriate, at
federal and provincial levels”.27 Some treaty body reporting guidelines request States to
provide information on the role and activities of subnational, regional, provincial or
municipal assemblies or authorities in promoting and protecting human rights. 28
29.
In that regard, States have developed internal procedures for engaging subnational
governments in periodic reporting on housing rights and related issues. In some cases, local
governments have made direct written submissions to treaty bodies. 29 National human
rights institutions have also played an increasingly important role in periodic reviews,
acting as catalysts for improved engagement of subnational governments with review
processes. Where subnational representatives have participated directly in periodic reviews,
they have been welcomed. Overall, however, subnational governments may experience the
treaty review process only indirectly and remotely. While they may be asked by national
Governments to provide information for reports, they often receive little direct feedback on
positive measures they have adopted and may not hear about concerns and
recommendations relevant to their areas of responsibility once the review is completed. As
a participant in the expert consultation noted: “The more local the government, the further it
is from Geneva”.
30.
Though the focus of concluding observations has remained predominantly on the
national level Government, treaty bodies have identified recurrent problems regarding the
implementation of the right to adequate housing at the subnational level. The Committee on
Economic, Social and Cultural Rights, for instance, has identified a number of concerns
with respect to local and other subnational governments, such as: discrimination against
migrants and minority groups; failure or inability of municipal social housing providers to
provide sufficient housing to marginalized groups; municipal expropriation of land that
fails to comply with international legal norms on displacement and forced evictions; the
need for coordinated national funding to local governments for adequate housing; and the
need to include the right to adequate housing in subnational law and to make that right
legally enforceable at the subnational level.30
31.
The Committee on the Elimination of Racial Discrimination has recognized positive
measures taken to develop housing strategies at the local level that promote inclusion of
racial and ethnic minorities.31 The Committee has also expressed concern that, despite
national level efforts to support subsidized housing at the local level, the autonomy of
municipalities has acted “as a major obstacle” to achieving non-discrimination in access to
social housing, raising concerns in a number of cases about discrimination against migrants,
racial minorities, persons of foreign origin and Roma. 32
27
28
29
30
31
32
10
Compilation of guidelines on the form and content of reports to be submitted by States parties to the
International Human Rights Treaties (HRI/GEN/2/Rev.6), para. 45 (b).
See, for example, the guidelines on treaty-specific document to be submitted by States parties under
article 35, paragraph 1, of the Convention on the Rights of Persons with Disabilities (CRPD/C/2/3).
See, for example, Peace & Justice Commission submission of 29 September 2009, available from
www.ci.berkeley.ca.us/uploadedFiles/Clerk/Level_3_-_City_Council/2009/09Sep/2009-0929_Item_19_United_Nations_Treaty_Reports.pdf (accessed 14 November 2014) and California
Assembly Concurrent Resolution 129, available from http://legiscan.com/CA/text/ACR129/id/60418.
See, for example, E/C.12/ALB/CO/2-3; E/C.12/CAN/CO/4 and E/C.12/CAN/CO/5;
E/C.12/NOR/CO/5; E/C.12/ESP/CO/5; and E/C.12/TGO/CO/1.
See CERD/C/USA/CO/6, para. 9.
See CERD/C/CZE/CO/7, para. 16, and CERD/C/SVK/CO/6-8, para. 17.
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