A/HRC/28/62
I. Introduction
1.
In her report to the General Assembly (A/69/274), the Special Rapporteur on
adequate housing as a component of the right to an adequate standard of living, and on the
right to non-discrimination in this context, Leilani Farha, identified the significant
responsibilities of local and other subnational governments for key aspects of housing and
related programmes. She noted that effective engagement with those levels of government
was critical to promoting the implementation of the right to adequate housing. Given the
importance of local and other subnational governments to all aspects of the mandate, she
has decided to address that theme in her first thematic report to the Human Rights Council
pursuant to resolutions 15/8 and 25/17.
2.
In the present report, the term “local and other subnational levels of government”
refers to everything from rural villages to large metropolitan areas, boroughs to provinces,
and recognizes that there are usually multiple levels of local government within a single
country.1
3.
The Special Rapporteur solicited and received information and views on the issue
from States, civil society and national human rights institutions. 2 She held an informal
consultation in New York with civil society, a public consultation in Geneva with delegates
of permanent missions, and a two-day consultation with experts in housing, human rights
and local governance from around the world. The Special Rapporteur is grateful for the
information and guidance received.
4.
Over the last three decades, global trends toward decentralization, rapid urbanization
and the creation of megacities, as well as a significant rise in displacement caused by
conflict and natural disasters, and increased migration, have placed new and challenging
responsibilities on local and other subnational governments with respect to housing.
Effective strategies for the promotion and realization of the right to adequate housing must
engage with and respond to those challenges.
5.
International human rights obligations extend to all levels of government within
their allocated sphere of responsibilities. International human rights mechanisms, however,
interact primarily with national level governments. Trends toward decentralization and
greater responsibilities for local and subnational governments have meant that States’
obligations under international human rights law rely increasingly on implementation by
local and subnational government. There is a general concern that responsibilities may be
transferred away from national level governments without a concomitant transfer of
resources, knowledge, capacity and accountability for human rights obligations with respect
to the right to adequate housing. 3
6.
While continuing to engage in direct dialogue with national level governments, the
international human rights system must also engage constructively with challenges and
developments at the local or subnational levels. That is particularly the case with respect to
1
2
3
United Cities and Local Governments, The role of local and regional authorities in the UN
Development Agenda Post-2015, December 2012. Available from
www.uclg.org/sites/default/files/Summary_The%20role%20of%20local%20and%20regional%20auth
orities%20in%20the%20development%20agenda%20post-2015.pdf.
All responses to questionnaires are available from
www.ohchr.org/EN/Issues/Housing/Pages/Questionnaire-forwebsite.aspx.
In the present report, the term “responsibilities” is generally used to refer to domestically assigned
authority or roles with respect to housing. The term “obligations”, on the other hand, refers to what is
required for compliance with the right to adequate housing.
3
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