A/HRC/37/53 Governments, and often disregards contributions received from relevant constituencies. Rights-based participation emerges from community action and is led by rights holders who identify what is lacking and what needs to change. Governments must respond accordingly. 63. Housing strategies should include specific participatory mechanisms to oversee their implementation, such as housing councils, commissions, committees or panels. It is critical that those who are homeless, living in informal settlements or in grossly inadequate housing be supported to participate in those mechanisms. To ensure effective participation, technical support and expertise must be made available drawing on local capacities where possible. Methods of communication and interaction should be accessible and respect community practices. 64. Participation of indigenous peoples in housing strategies and planning must be implemented in a manner that is consistent with the Declaration on the Rights of Indigenous Persons and the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169), including the requirement of free, prior and informed consent, as well as in a manner consistent with other national foundational or constitutional agreements between indigenous peoples and their Governments. 65. Special attention must be paid to ensuring the participation of vulnerable groups who might not otherwise be able to participate owing to discrimination or marginalization, such as: women; people who are homeless; lesbian, gay, bisexual, transgender and intersex persons; representatives from informal settlements; racial, ethnic and cultural minorities; migrants; older persons; and young persons. Special measures to ensure effective participation of persons with disabilities should comply with the standard of full and effective participation and inclusion, articulated in article 3 of the Convention on the Rights of Persons with Disabilities. 66. Those affected by displacement must be empowered to make decisions regarding alternative land and housing.29 At the local level, participation rights should translate into community control of housing development and of upgrading of informal settlements by residents themselves. 67. Local governments have a critical bridging role to play in supporting participation because they are often best situated to engage directly with local communities and bring their concerns into local governance, intergovernmental negotiations and national level strategies.30 In practice 68. In establishing a framework for dialogue between local governments and communities affected by eviction and displacement, the South African Constitutional Court has developed the concept of “meaningful engagement”, where the parties make decisions together based on compliance with the right to housing. 31 69. In Angola, the Luanda Urban Poverty Programme encourages the participation of civil society in developing and supporting “resident area development organizations” to engage with local governments on planning and infrastructure. 32 70. Thailand has implemented a unique model of rights-based participation in housing upgrading programmes. It provides financial and technical support for communities to 29 30 31 32 See A/HRC/4/18. See A/HRC/28/62. See L. Chenwi and K. Tissington, “Engaging meaningfully with government on socioeconomic rights: A focus on the right to housing” (University of the Western Cape, 2010), p. 10. Available from https://docs.escr-net.org/usr_doc/Chenwi_and_Tissington__Engaging_meaningfully_with_government_on_socio-economic_rights.pdf. See http://mirror.unhabitat.org/content.asp?cid=10266&catid=34&typeid=73&SubMenuID=69. 11

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents