A/HRC/28/62
regional and local authorities in order to reconcile related policies with the obligations
under the Covenant.7 The Committee on the Rights of the Child further clarifies that State
parties must also ensure that local authorities “have the necessary financial, human and
other resources to effectively discharge [their] responsibilities”. 8
III. Responsibilities of local and other subnational governments
in relation to the right to adequate housing
11.
There is significant diversity among States as to how responsibilities with respect to
housing and related programmes are allocated among different levels of governments.
Within a range of domestic contexts and unique histories, however, it is clear that local and
other subnational levels of government usually carry critical responsibilities linked to the
implementation of the right to adequate housing. As noted by UN-Habitat, national housing
strategies require local level implementation, reviews of laws and regulations, planning,
and financial instruments and formulation, mobilization of stakeholders, and adoption of
local housing strategies drawing on local innovation and know-how.9
12.
General patterns demonstrate that certain responsibilities are often exercised more
effectively by national level governments while other responsibilities tend to be better
suited to local governments. National level governments are often better placed to ensure a
fair distribution of resources, so that areas with fewer resources and greater needs are not
simply left to fend for themselves. National level governments usually have greater
capacity to develop and enforce national standards, to monitor and compare programmes
and outcomes in different regions and localities, to finance housing programmes, regulate
mortgages and credit, fund housing subsidy and income support programmes, and oversee
taxation and resource allocation. To varying degrees, national governments may also
attempt to influence or direct the policies of local and other subnational governments
through incentives, conditions, priorities or required outcomes linked to the provision of
funding for locally administered programmes.10
13.
Local governments, on the other hand, tend to be assigned responsibilities for
provision and management of services such as water, sanitation, electricity and other
infrastructure; land-use planning, zoning and development, which relates to decisions
regarding evictions, displacement and relocation; implementing programmes to upgrade
informal settlements and inadequate housing; enforcing health, safety, environmental and
building standards; providing local emergency shelter; putting in place or implementing
7
8
9
10
Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right to
adequate housing, para. 12.
Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of
implementation of the Convention on the Rights of the Child, para. 41.
UN-Habitat Global Housing Strategy Framework Document. Available from
www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/SHS/pdf/Workshop-Social-Inclusion_UNHabitat.pdf, para. 51.
See, for example, the response to the questionnaire (see note 2 above) from the national human rights
institution in Paraguay (Defensoría del Pueblo Paraguay), where national programmes are
administered through nine regional offices that partner with municipal governments, civil society and
private actors to identify the most vulnerable groups and determine appropriate actions. In the
response to the questionnaire from the Rwanda Human Rights Commission, the national level
government establishes strategies and policies in relation to housing which are then implemented by
districts and sectors according to the terms of performance contracts. Local governments have the
flexibility to develop partnerships with international donors, as well as with community organizations
to build housing for the poor, genocide survivors, the elderly and other vulnerable groups.
5
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