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.
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