A/HRC/28/62
32.
Treaty bodies have also dealt with responsibilities of subnational governments in
complaints procedures. For example, in Liliana Assenova Naidenova et al. v. Bulgaria
(CCPR/C/106/D/2073/2011), a Roma community challenged a forced eviction initiated by
the Sofia Metropolitan Municipality, Vuzrajdane subdistrict, acting independently of the
national Government. The community was unsuccessful in challenging the eviction
domestically, with the Sofia City Court determining that the eviction was lawful and the
Supreme Administrative Court upholding that decision. The Human Rights Committee
requested interim measures to stop the city from proceeding with the eviction and, after
considering the communication on the merits, found that the State party would violate the
petitioners’ rights under article 17 of the Covenant if the eviction proceeded without the
provision of adequate alternative accommodation for the community. The national
Government used the Committee’s decision to exert pressure on the Municipality to refrain
from carrying out the eviction. Two years later, the permanent injunction remains in place
and the community is in discussion with the municipal authorities on alternative housing.
33.
The Committee on the Elimination of Discrimination against Women has also dealt
with housing cases that engage subnational level governments. In Kell v. Canada
(CEDAW/C/51/D/19/2008), an indigenous woman alleged that in the context of domestic
violence, she had been dispossessed of her housing as a result of decisions taken by the
local housing authorities. The Committee deemed the Northwest Territories Housing
Corporation and the local housing authority to be agents of the State party, referring to
them as such, and concluded that, as a result of the actions of the local housing authority,
the State party had violated articles 2, paragraphs (d) and (e), and article 16, paragraph 1
(h), read in conjunction with article 1 of the Convention, which protect against
discrimination by public authorities and the equal rights of spouses with respect to
property.33
B.
Universal periodic review
34.
The universal periodic review process has also engaged the responsibilities of
subnational governments, particularly municipalities, in the implementation of human
rights. Many States engage with subnational level governments in the development of their
State report for the review. A number of States’ reports for the universal periodic review
include information on the role of subnational governments with respect to housing, and
some have acknowledged the challenges of multi-jurisdictional responsibilities in relation
to housing. The recommendations emanating from the universal periodic review process
rarely engage the human rights obligations of municipalities and local governments and
seldom engage local or other subnational governments on issues of housing.
C.
Special procedures
35.
Special procedures regularly engage with subnational levels of government in the
context of mandated activities because they have a number of opportunities to do so.
During official country missions and working visits, for example, special rapporteurs
regularly meet with local and other subnational authorities to assess the implementation of
human rights. In the case of the mandate on adequate housing, official visits have
systematically included an exchange of views with city councils or other subnational
officials. At times, country missions have served as a bridge, with the Special Rapporteur
33
See also CEDAW/C/32/D/2/2003 for a link between domestic violence and inadequate housing
alternatives.
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