A/HRC/28/62
resources can lead subnational governments to make decisions that negatively affect the
realization of the right to adequate housing. For example, at the municipal level it is not
uncommon for available land or property to be used as an asset for real estate development
rather than for the provision of adequate housing.
(b)
Insufficient knowledge and capacity regarding the right to adequate housing
and related human rights: Local and other subnational government officials are often
unaware of their obligations under international human rights law with respect to adequate
housing and may at times lack any institutional or legislative framework of accountability
for their decision-making. They may also lack institutional or technical capacity to
administer programmes efficiently, to contend with corruption, to regulate land speculation,
to ensure sustainable practices or to maintain and repair infrastructure.
(c)
Overlapping, unclear and conflicting web of responsibilities: In countries
with large and rapidly expanding urban and peri-urban populations, there is often a
complex web of overlapping and colliding responsibilities between different levels of
government and between local governments. It is very difficult to ensure accountability to
human rights obligations if there is a lack of clarity about which levels of government are
responsible for what. In many cases there is tension between the interests of national and
local and other subnational governments regarding priorities. Those in need of housing are
caught in the middle, with no level of government assuming responsibility. In some other
cases, lack of clarity or multiple layers create power vacuums and can become a fertile
ground for abuse of authority.
(d)
Protectionism and discrimination: When communities define themselves
around a local identity, there can be a tendency to exclude perceived “outsiders”, such as
migrants, refugees, asylum seekers and ethnic, religious or other minorities. That often
leads to discriminatory barriers in accessing and maintaining adequate housing and related
programmes. Scapegoating, stigmatization and discrimination against homeless people can
also be more pronounced at the local level, where communities may define themselves as
homogeneous and coalesce to drive disadvantaged groups out of local communities.22
22.
Viewed through a human rights lens, from the perspective of those whose right to
housing is at stake, those common challenges facing local governments or housing
providers can be seen as barriers to the realization of rights. Those who are
disproportionately affected by the challenges identified tend to be the most marginalized
groups – those whose right to housing is most at risk. It is those groups who suffer most
when local governments lack capacity or resources, when there is an absence of local
human rights accountability, when local government becomes protectionist and
exclusionary, and it is those groups who often confront the most complex web of
governmental decision-making and authority, with the least information available to them.
23.
The situation of residents of informal settlements in many cities around the world
illustrates how allocation of responsibilities among different levels of government plays out
in peoples’ lives. For example, a recent study considers the situation of residents of the
Mukuru settlement in Nairobi. They live in windowless shacks on privately held land
without sewage or water infrastructure. They have been unable to determine title through
local governments and therefore lack security of tenure, rendering them ineligible to apply
for basic water, sewers or electricity. With the Kenyan Constitution now recognizing “the
right to accessible and adequate housing and to reasonable standards of sanitation”, the
22
8
For more information, see the report of the Special Rapporteur on extreme poverty and human rights
(A/66/265) and the report of the Special Rapporteur on the human right to safe drinking water and
sanitation (A/HRC/21/42).
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