A/HRC/28/62
II) in Istanbul in 1996, affirmed that “Governments should strive to decentralize shelter
policies and their administration to subnational and local levels within the national
framework, whenever possible and as appropriate”.14 Proponents of decentralization in
housing related programmes have argued that it enables local participation in housing
management and decision-making, avoids excessive bureaucracy, allows sensitivity to local
needs, draws on local capacities, increases transparency and local control and allows for
more creative and innovative programming.
20.
The experiences of decentralization in relation to human rights and the right to
adequate housing, however, have been mixed. As Paul Lundberg noted, “the issue of
human rights has not figured prominently in the ongoing discussion on decentralization”.15
Reference to human rights obligations or the right to adequate housing is conspicuously
absent, even from the International Guidelines on Decentralisation and Access to Basic
Services for all16 and the European Charter of Local Self-Government.17 Decentralization
and local governance initiatives from international or regional financial institutions such as
the International Monetary Fund18 and the Inter-American Development Bank,19 United
Nations agencies such as the United Nations Development Programme,20 as well as from
associations of local governments,21 have focused on economic and political dimensions
and participatory rights linked to decentralization. However, they have largely ignored the
question of how States’ human rights obligations in relation to the right to adequate housing
are to be applied to local governments that have taken on key responsibilities for
programmes and policies.
IV. Challenges to the implementation of the right to adequate
housing by local and other subnational level governments
21.
The Special Rapporteur has identified a number of common challenges experienced
at the local level with respect to the implementation of the right to adequate housing:
(a)
Inadequate resources: The scarcity of financial resources, or the limited
ability to tap into other funding sources besides national budget allocations, is a primary
concern for local authorities with respect to the implementation of the right to adequate
housing. While the responsibility for housing has been put in the hands of local or other
subnational governments, resources to meet their housing rights obligations have not
similarly flowed. Moreover, funding from national governments for local programmes is
often not responsive to changing needs or crisis situations at the local level. Lack of
14
15
16
17
18
19
20
21
A/CONF/165.14, Annex II, para. 66.
Paul Lundberg, Decentralized Governance and a Human Rights-based Approach to Development,
(United Nations Development Programme, 2004), p. 1. Available from
www.un.org.kg/index2.php?option=com_resource&task=show_file&id=3769.
See note 12 above.
European Charter of Local Self-Government (1985) and the Additional Protocol thereto (2009).
Available from www.ccre.org/en/papiers/index_chart, and
http://conventions.coe.int/treaty/en/treaties/html/207.htm, respectively.
Annalisa Fedelino and Teresa Ter-Minassian, Making Fiscal Decentralization Work: Cross-Country
Experiences (Washington, D.C., International Monetary Fund, 2010).
Inter-American Development Bank, Evaluation of the IDB’s Non-Sovereign Operations with SubNational Entities: 2007–2010 (Washington, D.C., 2012).
United Nations Development Programme, A Users’ Guide to Measuring Local Governance (UNDP
Oslo Governance Centre, 2008).
See UN-Habitat, International guidelines on decentralisation and access to basic services for all (see
note 12 above) and the European Charter of Local Self-Government (see note 17 above).
7
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